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GROWTH OF STANFORD
Forecast of a Brilliant
Future for the
CHANGE IN THE FACULTY
Newly Enlisted Educators Who
Will Preside During the
PRAISE FOR THE STUDENTS.
President Jordan Says California's
Climate Is Conducive to
STANFORD UNI VERSITY, Cal., Aug. 4.
President David Starr-Jordan was seen in
his private office on the Quadrangle and
interviewed concerning the outlook of the
university for the ensuing year. In con
nection therewith he spoke warmly of the
intellectual character of the California
student; expressed his admiration for the
athletic prowess of the University of Cal
ifornia's track athletic team, and made a
searching criticism of the Rood and bad
features of the general system of educa
tion throughout the State.
"In regard to the Government suit
against the Stanford estate, as I said be
fore in Thk Call, I think the outcome
■will be favorable to the university. Ido
not believe that any of the higher courts
are likely to disturb the principles of law
as laid down by Judge Ross in his decision.
On this point I am not at all worried.
"The immediate policy of the univer
sity. " said Dr. Jordan, "has already been
declared. We purpose to continue at our
present capacity. We are quite as large as
we ought to be after four years of existence.
Our future growth will be a process of
"A number of changes have been made
recently in the faculty. Assistant Pro
fessor Symington of the department of
Romanic languages| has resigned his posi
tion and accepted a full professorship in
French at Amherst College. This is an
unusually flattering promotion; it places
Professor Symington in the heart of the
Eastern college world and at the same
time makes him one of the youngest pro
fessors in New England. J. A. Miller, as
sistant professor in mathematics, has been
promoted full professor to the chair of ap
plied mathematics at the University of
Indiana. The latter institution gains a
good man in securing him. His work here
will be placed in the hands of two of our
own graduates, W. F>. Winship and D. L.
Arnold. Professor E. H. Woodruff, uni
versity librarian and assistant professor of
law, has been granted leave of ab
sence for one year in order to
further pursue his law studies and
furthermore to complete another law book
which he has been working on. He will
spend most of his time in the law libraries
at Cornell and in New York City. Upon
his return he will give up the library work
and devote his attention exclusively to
the law department. During his absence
the library will be under the direction of
Mr. F. J. Tageart. Mr. Woodruff has re
ceived several very tlattering calls from
• other institutions, but," said President
Jordan, with a smile, "nothing can get
him away from Stanford University. Dr.
A. G. Warner of the department of eco
nomics will be absent for another year on
account of his health. He will be at Mani
tou Springs, Colorado. His absence is felt
very keenly, indeed. When I engaged Dr.
Warner as a member of our faculty I felt
assured that I had secured the ablest man
in the country in that particular line of
work. At that time he was superinten
dent of charities in Washington, D. C. His
research work is of almost inestimable
value to students of social science. His
book on 'American Charities' has at
tracted National attention and is recog
nized as the greatest work yet produced on
that subject. His work here," continued
the president, "will be in the hands of a
competent specialist. Another addition to
the faculty which was looked forward to
with pleasure is the identification of the
younger Mr. Pomeroy of San Francisco
with our law department. He will give a,
course in equity and several other branches
He is peculiarly well equipped for the
When interrogated in regard to the last
graduating class, the pioneer class of the
university, the first product affording any
standard whereby to estimate the value of
work done at Palo Alto, Dr. Jordan said:
'The body of young men and women
known as the pioneer class is extremely
strong. It is the strongest class I have
ever known. It may not contain any
higher percentage of good scholarship than
the average classes of the best Eastern
schools, but it possessed a far greater vari
ety of individual strength. Most of them
have since been located. The demand for
teachers has been specially large ; in fact,
larger than the supply. In addition to
this we have contributed several men to
the United States Geological Survey.
Others have gone into engineering estab
lishments. Several have secured positions
in different colleges. A number of the
graduates will be back for post-graduate
work, while a small colony of others will
go to the Eastern schools for the same
purpose. Harvard will receive the largest
number; the others will go to Cornell,
Columbia and Johns Hopkins."
The president of Stanford University has
an unbounded admiration for the Califor
nia student. Comparing the Western and
the Eastern college men he said: "Califor
nia students possess a greater degree of
physical health than an equal number of
students in the East. Physical health goes
with mental health. A great many of the
California youths are dissipated, but this
class wears out before reaching college.
The residue are decent. Tney are ener
getic and self-reliant; more so than the
Eastern type. I think it is because they
have a larger experience in life: they have
seen more of the world. They evince a
readiness to take hold of things. They are
enterprising. They possess the power of
initiative in a remarkable degree."
Dr. Jordan believes that the peculiar cli
mate of California enables the Western
student to perform a larger volume and a
better quality of work than the Eastern
student. He says this is due to the fact
that "we do not have the extreme cold of
the East nor the debilitating summer."
'"The cold weather produces inflamma
tion of the nose and throat, and these
affections extend more or less to the brain,
producing dullness and inevitably impair
ing the quality of work dene. In the East
any body of students will be affected by the
weather and its scholarship will suffer
from the unavoidable influence I have
mentioned. The summer, of course, is
weakening and produces intestinal and
stomach troubles. Here on the coast we
are exposed to the sea breeze, which pro
duces throat troubles if we are incautious,
but it is much easier for us to avoid fever
than it is in the East."
The relation of the university to the
State of California President Jordan defines
in these words: "The golden ago of Cali
fornia begins when its gold is used for pur
poses like this. From such deeds must
rise the new California of the coming cen
tury, no longer the California of the gold
seeker and the adventurer, but the abode
of high-minded men and women, trained
in the wisdom of the ages, and imbued
with the love of nature, the love of men,
the love of God. Bright will be the future
of our State if, in the usefulness of the uni
versity, every hope and prayer of the
founders shall be realized."
The dominating characteristic of Stan
ford University, which distinguishes it
from the old-school type, consists, accord
ing to Dr. Jordan, in this: "Our univer
sity, more than any other in the world,
has recognized the need of the individual
student as the reason for its existence. It
has held that if we are to make men and
women out of boys and girls it will be as
individuals, not as classes. All education
must be individual— fitted to individual
needs. A misfit education is no education
at all. To fit man to schemes of education
has been the mistake of the past. To fit
education to man is the work of the future.
The best field of corn is that in which the
individual stalks are most strong an 1 most
fruitful. Class legislation has always
proved pernicious, whether in a, State or
university. The strongest nation is that
in which the individual man is most help
ful and most independent. The best
school is that which exists for the indi
"Our university is not an aggregation of
colleges, departments, or classes. It is
built of young men and young women.
The student is its unit. Its basal idea is
that each student should devote his time
and strength to what is best for him; that
no force of tradition, no rule of restraint,
no bait of a degree shoulp swerve any one
from his own intellectual path. As Pro
fessor Anderson has said : 'The way to
educate a man is to get him at work; the
way to get him to work is to interest him ;
the way to interest him is to vitalize his
task by relating it to some form of reality.'
No man was ever well trained whose own
soul was not wrought into the process. No
student was ever brought to any worth}'
work except by his own consent."
President Jordan is a close observer of
the educational factors of the State. His
interesting comment and straightforward
criticism upon the system show that he
not only appreciates the good qualities in
vogue, but that he also has a comprehen
sive view of the many deep-seated evils
which are hampering the educational
growth of California.
"I will speak first," said he, "of the ad
vantageous side of the subject. A good
feature is the general interest among the
people in educational matters. The united
influence of the two universities reaches
into every hamlet and awakens widespread
interest in higher education. The further
fact that ihe people of California travel a
great deal makes them susceptible to this
influence much ruore than in communities
where the majority of the population
never leave the country. As compared
with most States, the people of California
are wideawake. The general county school
is of higher grade, and higher salaries are
paid than in most communities of the
"The less favorable side of the subject,"
continued the learned critic, "presents sev
eral vulnerable spots. The people of Cali
fornia are not permanent enough for a
definitely formed public opinion, as in the
East, and the lack of general public opinion
snows in corrupt municipal government.
The schools in almost every part suffer
from this. There are few city boards in
which the members stop to consider what
is best for the welfare of the interests in
their charge. In the employment of
teachers they often go into all sorts of per
'sonal deals — miscalled politics— for the
sake of benefiting themselves, or conferring
favor on some dependent, or to help some
'•In every city in California the public
schools suffer more or less from these evil
influences. The schools can never be what
they ought to be or produce what the
money spent on them ought to produce
until the spoils system is thoroughly
eliminated. Those who regard positions
in the schools as personal or political spoils
should never be trusted with the manage
ment of these affairs. I am glad to see
that Superintendent Search of Los An
geles is making such a splendid fight
against the spoils system in that city.
Whether he wins or loses, the lesson given
to Los Angeles by his struggle against the
politicians to control the schools ought not
to be lost on the people. The best and
most important reform in school customs
is the selection of superintendents who are
educational experts, and who should be
vested absolutely with sole authority on
all questions of appointment or removal of
teachers. Where boards of business men
appoint or remove teachers, corruption is
sure to creep in ; and the appointment of
an inferior teacher under whatever guise
Incidentally, Dr. Jordan said he was
glad of the opportunity to make this
statement in regard to the State schools
through the columns of The Call.
At present Dr. Jordan is engaged upon
the first volume of a serial contribution to
biological study, to be published from
time to time under the auspices of the
Hopkins Seaside Laboratory. Drs. Gilbert
and Jenkins are the editors. Three more
volumes are to be published during the
year. The first is by Dr. Jordan on the
"Fishes of Sinaloa," the result of his mid
winter researches last year in Mexico.
In conclusion the great scientist paid a
brief tribute to the late Alban N. Towne.
"I was sorry to learn of his death. I knew
him well and had very pleasant relations
with him. I respected him for his solidity
of character, for his strong purpose and
Dr. Jordan applauds the U. C. athletic
team for its career of victory on the East
ern circuit. He believes the trip served a
practical end in bringing the California
student into favorable notice before the
Eastern people, and he further declares
that if the Western collegian had an op
portunity to measure his intellectual
strength alongside of the Eastern student
he would in like manner hold his own
with credit and honor.
DROVE NAILS INTO HIS HEAD.
Ira Reynolds' Attempted Suicide Fails of
TACOMA, Wash., Aug. 4.— lra Rey
nolds, the crazy burglar, incarcerated at
Steilacoom, has a brain impervious to at
tacks of steel or iron. As reported in these
dispatches yesterday, the doctor found
imbedded in his skull a large nail, which
he had driven into his head in an attempt
to commit suicide. When the nail, which
he had carried in his skull four days, was
extracted, a portion of the brain oozed out.
Reynolds, however, did not even appear
To-day another nail was extracted from
his head. It had been driven in on the
right side; the first had been on the left.
Reynolds says he has suffered no pain, and
appears to retain unusually good health.
THE SAN FRANCISCO CALL, MONDAY, AUGUST 5, 1895.
TURNERS MAKE MERRY
Their Annual Picnic and Prize
Shoot at Schuetzen
SOME GOOD SCORES ARE MADE.
Phllo Jacoby Carries Off the Honors
in the Turner Shoot With
The members of the San Francisco Turn
Yerein had a most enjoyable outing at
Schuetzen Park yesterday. They went
over early and took their wives and fam
ilies with them. Captain Fred Attinsrer
was mat-ter of ceremonies and he saw that
everybody enjoyed themselves. He is a
great favorite with all the Turners and
was so much in demand yesterday that it
was with difficulty he found time to shoot
his score for the annual prizes.
Captain Attinger joined thp shooting
section of the Turners eight years ago, and
during 1893-4 was first lieutenant under
Captain Ott. In January last when the
latter retired Attinger was unanimously
selected to fill the vacancy.
A remarkable feature of yesterday's
CAPTAIN fBED ATTINGER OF THE SAN FRANCISCO TURN VEREIN.
[From a photograph.]
shooting was the two rapid-fire scores made
by F. C. Mullef. With an army rifle at
the Union Musket Club range he fired ten
shots in three minntes, waking 44 points
out of a possible 50. He. then went to the
range of Company. D, Fifth*- Infantry, and
in the same time made 43 out of a possible
50. When it is remembered that the target
had to be changed after each shot, the
loss of time in luoding and sightine, and
the excellence of the shooting, the record
is a remarkable one.
Philu .Tacoby carried off the honors in
the Turners' shoot with a score of (36 rings
out of a possible 75. No member was al
lowed more than three shots during tiie
day, and in consequence many of them
made much better scores later in the day
than when they were contesting for the
prizes. The results were as follows:
Philo Jacoby 06 rings, W. Glindcmann 65,
H. R. Brown 64, P. Brunottr> 62,' R. Finking
61, F.Attinger6o, F. Amarfc 58, ll.Enges7, 11.
Stettin 57, J. Utschig 56. -C. Rudolph 55, A.
Utschigs4, C. Xielsons4, J. Sablat 53,F. Kom
mer 52, L. Thierbach 51, F. C. Muller 47, F.
Hausmann 46, Otto Burmelster. 46 and Lieu
tenant Staub 44.
The prizes will be distributed at the
meeting of the verein on the 15th inst.
The San Francisco Grutli Schuetzen Sec
tion held its usual monthly medal contest
with the following result:
Champion class— A. Rahwyler. 382 rings.
First class— N. Diethelm, 334 rings.
. Second <lass— Fetz, 391 rings.
Third class— M. A. Tschurr, 352 rings.
First bast shot, M. A. Tschurr, 25; best last
shot, K. Rahwyler, 25.
The Union Musket Club fired at the
Creedmore target, the best possible score
being 50 points. The results were:
Captain Elliott 42. Private Dawson 45, Mul
ler 43, Jones 47, Robinson 45, Oestreicn. 40,
Archer 39, Reilly 45, A. Ehrenpfort 43, T. F.
Kelly 47, 8. Richardson 44, and Waldon 43.
The Schuetzen section of the Verein
Eintracht held its monthly medal shoot
with the following result :
Champion class— F. A. Kuhls, 429 rings.
First class— John Young, 356.
Second class — A. Yossen, 880.
Third class— A. <1. Strob, 319.
First best shot, J. Harsnmanscn, 24 ; last best
shot, F. A. Kuhls, 23.
Company D of the Fifth Infantry turned
out in force and some good scores were
made. The .results were:
T. Kerrigan 47, F. Mulhern 44, M. Reilly 43.
A.Boyen43, W. T. Buttenvorth 43, J. Dunsen
42, J. P. Davenport 42, 11. Iverson '42, J. Mnl
hern 41, F.Trenton4l, A. Vanderbilt4l, V.
Cheda4l, J.F. Robinson 40, .1. Jones 40, F. J.
Jacobs 40, T. S. Archer. 40, J. Pacher 39, D. ■
Martin 38, W. Elliott 38, J. Lunney 38. A. Plate
38, G. Iverson 38,. P. Ward 38, P. W. Buston
37, A. Baptiste 37, H. Kochler 37, J. Brick
widel 37, J. Buston 36, A. E.. Scott 35, D.
Snyder3s, D. Htaly34, P. lie Cornec 34, J.
Slosseu 34, C, L. Cody 33, N. Emhoff32, I)
Donahue 32, C. Mahar3l, R. E. Walsh 31, E.
\Y. Smith 31, O. Stoef 34.
Many of the crack shots who went East
were at the park yesterday, but they only
went in for practical shooting. Streeker
made 72 out of a possible 75, Schuster only
succeeded in making 71 in the morning,
but in the afternoon made a23 and two
255, one after the other. Faktor's best
score t was 71 and Ehrenpfort Sr. did not
shoot. : .'-"-'•'■■-■". : _ ;..-'/•
AT SHELL MOUND RANGE.
Some Good Scores Mad.-, but Only a
Few Shooters Out.
Shooting was quiet, in so far as lack of
excitement is quiet, at Shell Mound Park
yesterday, for most of the German shoot
ers were at Schuetzen Park and but few
militiamen were present.
The shoot of the City Guard Rifle Club
resulted as follows:
C. Perry 4C, J. Fetz 45, A. Gehret 44, A. Fetz
44, J. K. Wear 44. Stnrtevant 40, (ieorge Sulli
van 39, Cordell 30, Zimmerman 3D, Tovvnsend
39, W. D. O'Brien 38, Overstreet 33.
A number of members of the Naval Bat
talion were at the range for practice shoot
ing. The scores were':
.Tamos Peters 40, A. Emmerich 40, T>avid
Weir 3B, Fallon 82, Kearney 42, Harris 41,
Jleattie 41, Kappelraan 38. <_'. A lion 37, Linder
man 38, K. Allen 35, 0. F. Smith 34. Balke 31,
Wiseman 31, W. Brown 27, Koster37, Ricl»2B,
J. M. Miller 17, Habermasoher 9.
The members of the Independent Rifles
who were at the range shot the following
Sergeant F. M. Lessing 44, Corporal ('. Lin
decker '33. Corporal Kornbeck 40, Sergeant
11. Fleyge 27, J. F. Altings 28, Corporal J.
Staude 05. Corporal W. Tinken 28, 11. Alldach
33, W. Meyer 38, B. Helmke 41, Corporal H.
Schlitman 39, H. Tonnemacher 44.
A fifty-shot match between four mem
bers of Battery C, Second Artillery, N. G.
("'., in which Moore and Sheabc-m shot
against Ringen and De Bernard, was won
by the former team by a score of 450 to
40S. The scores were: Moore 224, Shea
bem 206, Rineen 211, De Bernard 197.
Some Good Marksmanslup at the Oak
laud Race Track.
At the Oakland race track the trapshoot
ers held a few interesting ' matches yester
day. In the monthly shoot of the Cali
fornia Wingshot Club, twelve live birds,
these scores were made:
Webb 11, Golcher 11, Robinson 10, Morrison
10, Roos 10, Robertson 10, Fay 9, Haizht 9,
Hornung 9. Slade 9, Wellville 0, Wagner 9, Fan
ning 9, Little 5.
Webb and Golcher divided first money
and Webb was awarded first medal and
Golcher second medal.
At a freeze-out shoot of six birds in the
first round the scores were:
Robinson <5. Fay 6, Morrison G, Webb 6,
Clinton 5, Wagner 5, Fanning 5, Hornung 4.
In the second round, out on first miss,
Robinson 2, Fay 1, Morrison 3 and Webb 3.
Webb and Morrison divided money and
The Electric Club's shoot at twenty-five
blue rocks resulted as follows:
Millville 21, Ed Forster 21, Murdock 20,
Golcher 20, Slade 19, Shaw 17, Fanning 17,
Crowell 17, Patchell 14, Wagner 8.
The Empire Gun Club's shoot at Ala
meda Point gave these scores*.
Varney 23, Debenham 23. Androus 21, Bur
gaus 22, Baton 21, Olsen 21, Newton 22, Fisher
21, Billinpton 21, Goodwin 20, Stewart 20,
Hall 13, Williams 18, Feiling 18.
TOOK LITTLE LOIS AWAY.
Her Father's Cousin, George K.
How the Child of the Suicides Was
Made to Leave Her Foster
Little Lois Edwards, the four-year-old
child who survived the awful fate of the
Edwards family, at 1157 Market street, is
no longer under the care of Mrs. Daniel
Skerrett of 113 Webster street.
On the night before she and her husband
committed suicide Mrs. Harry H. Edwards
wrote a letter to Mrs. W. M. Fowler in
whioh she asked that lady to assume
charge of what little she left behind, and
when the child, Lois, was found still alive
Mrs. Fowler, following the spirit of that
communication, took charge of the little
one, and in time Lois was turned over by
the Coroner to Mrs. Fowler's sister, Mrs.
Skerrett, for temporary care. Mrs. Sker
rett intended to adopt the child, if possi
ble. Lois had, therefore, been living with
Mrs. Skerrett ever since until Saturday.
The funeral of the Edwards' occurred
Friday, and among those attending the
obsequies were Mr. and Mrs. George K.
Edwards of G'2 Delmas avenue. San Jose.
This Edwards was a cousin of the unfor
nate man, and he wanted to take the child
away with him then and there, and wa»
only prevented after some little trouble.
Finally, however, he seemed to become
reconciled to having Lois remain with
Mrs. Skerrett, and expressed his satisfac
tion with the arrangement, saying that
Mrs. Skerrett could keep the child for sev
eral weeks, or even until he got ready to
go to Chicago, where a brother of
the dead man, Burr Edwards, said to be a
packer and very wealthy, lives.
On Saturday Edwards returned to Mrs.
Skerrett's, accompanied by a Mr. Duncan,
who has recently become a resident of
Central avenue in Alameda, and had in
times past rendered some pecuniary as
sistance to Harry Edwards.
When they called it was during the
afternoon and Mrs. Skerrett's husband
was downtown on business. They asked
Mrs. Skerrett to let them have the child,
and finally succeeded in their mission, not,
however, wit!. Mrs. Skerrett's consent, nor,
according to her story, with the consent of
the child. Mrs. Skerrett described their
visit and its result as follows yesterday :
I was quite surprised at Mr. Edwards, and
more so at Mr. Duncan. The latter had refused
a reqfiest of Harry Edwards just before he died
for $20. He had let him have about $40 pre
viouslv. This refusal, though, of Mr. Duncan's,
underlhe circumstances, did not make me feel
kindly disposed toward him, and after a while
lip went outside, leaving Mr. Edwards in here
to try to gei the child alone.
The child kept 6aying that she did not want
io go, and Mr. Edwards was here for several
hours pleading and arguing. First he wanted
to take Lois out for a walk, promising to surely
return her, but I said he had broken his word of
the day betore and I ronld not trust him.
Then he wanted to give her a ride on the cars,
but to that I would not assent. The child
would come and tug at my dress and bear me
not to let the two men take her away. At last,
however, he used the persuasion of some
candy, asking the little one if she would Hue
some fresh candy. Well, he ultimately got her
away in spite of her appeals to be left with me.
It just seemed as if I could not do anything
to prevent them taking Lois. I felt that I had
a moral oleim on her, but was not bo sure of
any legal claim. I think it was cowardly on
their parts for two big men to come here and
try to intimidate a woman.
The child wns getting along very nicely. You
must understand that the suicide of her
mother and father was a terrible shock to her,
but with the care she was receiving she was
doing very well.
Mrs. Fowler felt very indignant when she
learned of the action of Edwards and Dun
An effort will be made by Mrs. Skerrett,
through her husband, to-dav to obtain
legal assistance against George fc. Edwards,
and, if possible, to bring some proceeding
which may compel him to return Lois to
HALE AND NORCRQSS SUIT
M. W. Fox Speaks of the Great
Victory Gained in
THE CAREER OF H. M. LEVY.
Representatives of the Hobart Es
tate Will Apply for a
M. W. Fox, who gained a ereat victory
by the Supreme Court's decision, rendered
on Saturday in the Hale & Norcross suit,
was congratulated all day yesterday. In
reply to an inquiry as to whether criminal
proceedings would now be instituted, Mr.
Fox said :
That is a matter which now concerns the
Grand Jury and the District Attorney. I fought
this battle alone, without the assistance of any
of .the stockholders of the robbed mine. For
my part I shall never swear out a warrant for
the arrest of Alvinza Hayward, 11. M. Levy or
any other person connected with the litiga
tion. The facts were placed before the public
when the complaint was filed in the Superior
Court. The information has since existed, and
it exists now. It is for the authorities to act if
they deem best.
I began this suit because my rights as a
stockholder were ignored. 1 went to Harmon a
lontr time ago, saying that as I intended to
visit Virginia City I wanted as a stockholder
to look at tho ore body and therefore would be
pleased if he would give me a permit to enter
the mine. He said to rne, "Why, Mr. Fox,
that is not necessary. I will write to the su
perintendent and he" will meet you there and
show you through the mine." When I had
transacted some business in Virginia City I
went to the superintendent and asked him if
he had received a letter of the kind from San
Francisco that had been promised. He replied
in the negative and I told him the story. Then
he said: "Why. Fox, did that old
Harmon tell vou such a story. He knows
very well that I cannot admit you on his
orders." I asked, "On whose order can you
admit?" He replied: "The order of Sam
Jones will allow you to go in." Then 1 tele
graphed to my secretary here to see Harmon
and ask what" was meant by telling me that I
could see the ore body. Harmon reflected a
moment and responded: "This man Fox is
always misunderstanding somebody."
I saw the ore being taken awfty at night and
said to the superintendent, "Why do you allow
thi3 to go on?" He answered, "I am here to
take out the ore — not to dispose of it."
While this case was pending in the court, a
year or longer ago, an emissary from the other
side came to me and said, "Fox, why cannot
this dispute be fettled?" I answered, "There
is no reason why it cannot." He pursued the
subject further, asking on what terms it could
be settled. I replied, "By payinpr to the stock
holders of the company the full amount on the
face of my complaint." He replied, "You can
get the full amount of your claim, $200.000.
with interest. I am authorized to pav you
$300,000 if you will sign this stipulation (pro
ducing the paper) dismissing the complaint."
I told him that I would not dismiss the suit for
Concerning Levy's career Mr. Fox said:
11. M. Levy, who figures with Havward in the
litigation, first came in».o prominence during
the Sierra Nevada deal in 1879. He knew the
superintendent and got inside information
concerning rich developments in the mine. In
one transaction he was enabled to make,
through friendly support, $40,000. He con
tinued in speculation, and through the assist
ance of Hoefiich, and the indifference of
Mackcy and Flood, got ronirol of Norcross and
Savage. In the fall of 1886 the ore body wbs
discovered, and in March of 1887, Hayward
and Hobart took Levy into camp..
When asked if $800,000 would reimburse
the stockholders for the amounts wrong
fully taken from them Mr. Fox said :
Four million dollars would come nearer the
sum. I know what has been going on at Vir
ginia City. I have had men working for two
years to trace these robberies on the Comstoek.
This community should be rich and prosper
ous. Stockholders have been robbed of $24,
--000.000 and assessed for $T)0.000,000. The
money has gone to rich men who conspired to
rob the stockholders.
Mr. Fox maintains that the decision of
the Supreme Court will impart greater
security to people whose money is invested
in mining properties. It will assist in
breaking up schemes and conspiracies to
deceive and swindle stockholders.
Attorney William Rix, one of the repre
sentatives of the Hobart estate in the
litigation, says that a petition for a re
hearing of the case is sure to be riled, as
the defenda.nts, Hayward and Levy and
the Hobart representatives, will not be sat
isfied to rest tinder conviction on the
charge of fraudulent combination. He
thinks that a rehearing will be granted.
"The defendants in the case cannot be
satisfied with the Supreme Court decis
ion." said Mr. Rix. "Neither can the
"And certainly the stockholders and the
men who have been speculating in the
stock with the expectation that the de
cision of Judge Hebbard would be fully
sustained must be disappointed.
"I cannot go into the legal aspect of the
matter, but everybody concerned in the
suit has something to feel gratified about.
The decision is partially favorable to the
defendants and partially favorable to the
plaintiffs, and both sides have an im
mense amount of litigation yet before
"The Hale & Norcross case is yet a long
way from settlement, and it is likely to be
in the court for yeara.
"From the defendants' point of view,
the affirmation of fraudulent action is the
most serious matter, though there is $210,
--197 50 that must be paid on the judgment
unless a modification of the decision can
be obtained on a rehearing.
"It must be understood that the nature
of the alleged fraudulent combination is a
technical matter, largely based on negli
gence. It is a charge that at the most can
only be supported in a civil proceeding,
and there is no other side to it.
"This charge and the matter of $210,
--197 50 are the only issues absolutely de
cided by the Supreme Court, and all the
rest of the case is to be gone over in the
"I think that the defendants can now
introduce new evidence enoueh so that no
material damages can be obtained in the
future proceedings. New evidence will be
presented by both sides, and, of course, it
is within the range of possibility that there
may be an award of damages as nigh as
"The Hale & Norcross stock is pretty
sure to go up somewhat as a result of the
decision. It went from $1 45 on Monday
of last, week to $1 Go on Saturday, and I
think it may go up forty or fifty points this
week. If Judge Hebbard's decision had
been fully sustained the stock would have
advanced to four or five times its present
"The decision is satisfactory so far as it
goes," said Judge McKissick of plaintiff's
counsel last night, "but of course I would
have liked it better had it been absolutely
final. I had for months expected a modified
judgment, but not quite as modified as it
is. I have not looked into the decision
very minutely, but it is very evident that
it saddles the'ebarge of fraud very clearly
on Hayward and Levy. That in itself is a
great point and on it hangs all the rest.
"The judgment seems to me to be positive
to the extent of $210,000 and interest,
which will make the amount about $260,000.
Regarding the $789,000 the decision is not
quite so clear, and leaves the question in
doubt as to whether this sum will be
finally enlarged or diminished. The Su
preme Court is apparently not satisfied
with the data upon which Judge Hebbard
based his calculation, and has instructed
him to recast his finding. This he can do
from the testimony, or he may hear any
further testimony that each side may offer.
In the end he may increase the amount
claimed, but I do not think this is likely.
"The tenor of the decision seems to be
that the amount is about $100,000 too
much, and that Judge Hebbard did noi
make sufficient allowance for the reduc
tion of the silver. The decision is a de
cided and conclusive victory for the plain
tiffs, as it establishes clearly the fact that
Hayward et al. defrauded the Hale & Nor
cross stockholders. The only point in
doubt is the amount of the fraud, and this
Judge Hebbard is instructed to determine.
"The case will remain in the Supreme
Court for thirty days and if neither side
apply for a rehearing the remittitur will
be handed down.
••It is not quite clear to me yet on what
the Supreme Court bases its idea that
Judge Hebbanl's estimate of the total of
the fraud is not in accordance with the
data furnished him, but perhaps it will be
clearer to me when I have thoroughly di
gested the decision."
DR. HEMPHILL AT CALVARY.
He Claims That the Rich and Powerful
Are the Great Sin
The Rev. Dr. John Hemphill preached
at the Presbyterian Calvary Church last
night. The subject of his sermon was
Sabbath-keeping and Church-going." Dr.
Hemphill took his text from Leviticus,
"Ye shall keep my Sabbath and rever
ence my sanctuary. lam the Lord."
The present condition of the Sabbath
was pictured and compared with the
manner of its keeping when he was a boy.
He denounced the rich and powerful of
the City as being the greatest sinners and
Sabbath-breakers. Among other things,
Dr. Hemphill said:
"I remember when I was a boy that Sun
day was a terrible day for me. It was not
worship, but unholy toiling.
"The masses of this City are not the
great sinners. The chief sinners and Sab
bath-breakers are to be found among the
rich and the powerful. They are the prin
cipal desecrators of God's holy day.
"There is not enough seating capacity in
the churches of this City to hold half the
people who profess Christianity, but, at
present, there is not a church that is half
tilled on a Sunday.
"Another thing I desire to speak of is the
expenditures of this church. It was easier
to meet the expenditures of this church
twenty years ago than it is to-day, and the
church "expenses then were heavier than
"I am now trying to place myself in the
light of an impecunious parson pleading
for his salary. I received $2000 more from
the last church than you are paying me
and I have lately been offered $3000 more
than my present salary. There should be
a more generous contribution among the
members of this church."
The pastor stated that though there are
various excuses given why people do not
attend church on Sunday, the flimsiest of
all was that excuse. "I need a rest." .
Dr. Hemphill was seen after tho service
and asked il the church was in debt. He
stated that contributions were not as large
as they ought to be. The choir had been
changed from a voluntary to a paid one.
The reason that he had spoken about his
salary was that his congregation should
understand that his request for money did
not come from a self-motive, but for the
best interest of the church.
COURSING AT THE PARKS
Emin Pasha, an Alameda Dog,
Wins at the Ocean View
Tempest Gets First Money at Ker
rigan's Resort— Good Running
at Both Places.
A beautiful day for running and a lot of
game and fast hares greeted a large audi
ence at the meeting of the Ocean View
Coursing Club at Casserly's Coursing Park
yesterday. The stake was not large, owing
to some of the dogs entered being sick, but
a number of crack hounds were put in the
slips and a fine day's sport was witnessed.
Following is a summary of the results:
M. Dougherty's Daisy Crest beat T. J. Cron
in's White Chief.
T. J. Cronin's Dottie Dimple, J. Dean's Fuller
ton and G. Watson's Belmont, byes.
P. Canty's Lead On beat W. Kelter's Free
T. McDonald's Lissak beat J. Dunlea's Xellie
J. Grace's Roll Along beat T. Brennan's
Alameda Kennel's Emin Pasha beat T. Roe's
Dottie Dimple beat Daisy Crest, Fullerton
beat Belmont, Emin Pasha beat Roll Along,
Lissak beat Lead On.
Fullerton beat Dottie Dimple, Emin Pasha
Emin Pasha beat Fullerton.
The winner of the stake, who received a
prize of $20, is a finely bred young dog,
and his victory will encourage the Ala
meda kennels* to send representatives to
Those who officiated over the stake were:
Judge, John Grace ; slipper, James Wren ;
slip steward, J. Monahan; flag steward. J.
Sheehan; field stewards, J. Burrell and J.
Next" Saturday a thirty two-dog stake,
$1 50 entrance, with $25 added by the club,
will be run.
At Kerrigan's Park the announcement
that the Golden Gate Coursing Club would
run a thirty-two dog stake drew a large
crowd, and some of the best sport of the
season at this park was seen.
The hares ran like demons, and in some
cases pumped the dogs out before escaping
into the paddocks or falling before the
hounds. Some long shots were winners
in close raotches, which gave the specula
tors courage, and lively betting was the
result. Following are the summaries:
J Kelly's Mary K beat J. O'Connor's Tee
Shaffer & Strehl's Gold King beat J. H.
Perineo's Wee Lassie.
G. O'Brien's Fred W. Lees beat D. Burfiend's
G. Smart's Glenade beat C. Jennings' Red
\V. Dalton's Ilene beat J. O'Connor's Blink
T. Tranfs Sly Girl beat P. Carney's Annie
F. C. Randolph's So So beat J. McDonald's
J. Kerrigan's Dashaway beat M. Nagle's
V. W. Guerrero's Maud G beat St. Desimonies'
V. Guerrero's Bonnie Lass beat A. Merrill's
G. Smart's Occidental beat M. O'Connell's
V. W. Guerrero's Electric beat P. Ryan's
('. C. Griswold's Fearless beat F. C. Ran
T. Trant's Little Beauty beat J. Lisher's Fly
V. W. Guerrero's Tempest beat D. Burfiend's
W. Creamer's Regent beat W. Dalton's Light
Gold King beat Mark K, Glen ade beat Fred
W. Lees, Ileue beat SlyGjrl Jr., Dashaway beat
So So, Occidental beat Maud G, Fearless beat
Bonny Lass, Electric beat Little Beauty, Temp
est beat Recent.
Glenade beat Gold King, Occidental beat
Electric, Ilene beat Dashaway, Tempest beat
Glenade beat Ilene, Tempest beat Occidental.
Tempest beat Glenade.
The winner ran game and clever courses
throughout the stake and will doubtless
be heard from at future matches. Her
owner received $40 while second came in
for $20, third for $10, fourth for $10 and
fifth, sixth, seventh and eighth for* $5 each.
Edward Canavan acted as judge and J.
Cranston as slipper.
On Sunday next a thirty-two-dog stake
will be run at $1 GO entrance for each dog,
the prizes to be awarded same as yester
» — ♦ — «
The word treacle has undergone an odd
modification. At lirst it was applied to
such decoctions of roots or other sub
stances as were deemed beneficial in medi
cal practice ; then, as these were frequent
ly sweetened, it came to mean any sweet
ened concoction or confection; and lastly,
as molasses was the sweetest of all, this
name was exclusively applied to 3yrup.
DOHIIT JURORS WANTED
Searching for Six More Good
Men and True to Try the
RAPIDLY NEARING THE END.
It Is Hoped That the Full Jury Will
Have Been Secured by Thurs
TIIE DURRANT CASE IN A MTXUTE— TO
SEEK FOR JURORS TO-DAY.
The search for six more jurors to try William
Henry Theodore Purrant will bo resumed in
Judge Murphy's court this morning. Three
hundred veniremon have been summoned, and
it is predicted that a full jury will be secured
not later than Thursday, so that the trial
proper will probably be commenced thi3 week.
The prosecution's line of testimony has been
fully outlined, ana only from the defense are
The real battle in the Durrant case will
begin this week. Th<J end of the skirmish
for jurors is confidently predicted for
Thursday, at the latest, and the real work
of the trial will begin at once. The prose
cution will make the charge as to what it
expects to prove against the young medi
cal student, and the rirst witness of a long
array will be placed on the stand to supply
his Jink in the chain of circumstances
encircling the prisoner.
The prosecution's line of testimony has
been public property for weeks. It has not
one witness other than has already ap
peared in the case. The District Attorney
is authority for this and the chief of detec
tives, Captain Lees. Tney certainly ought
to know, or. if there arc other witnesses,
they have their particular reasons for not
making it public. It is more than likely,
however, that their statement is correct.
In fact, they go further and say there
will not be as many witnesses for the pros
ecution by two, the Rev. J. George Gibson
and Conductor West of the Powell-street
line. Neither of them will appear at all if not
called by the defense, as they probably will
be. Captain Lees states that these wit
nesses were merely called in a spirit of
fair play, to show the full hand ot the
prosecution to the defense, so that afterward
no charge of concealment could be made.
Their testimony was taken down, direct
and cross examination, and from that
moment Captain Lees states that he con
considered his duty done, and the prose
cution decided 10 call them to the stand no
The material of the prosecution thus be
ing in plain sight the public can only ex.
pect surprises in the trial from the defense
and from the suggestive manner of coun
sel for the defense when asked for informa
tion it is fair to infer that the public will
be gratified. Just what form these sur
prises will take is what is bothering those
who have been watching the progress of
the case, and what will bother them until
the prosecution rests. It is well known
that the defense's main attack on the evi
dence tendered on the part of the prosecu
tion will come by way cf proving an alibi,
and, incidentally, proving that the persona
who have testified that they saw Durrant
at certain places at certain times were mis
taken. Back of it all, nevertheless, coun
sel for the defense will have to show pretty
conclusively, even if they shake the testi
mony of the prosecution in this regard,
just where Durrant was at these certain
times. If they can and do, that will be
the big surprise, a bigger one than the
prosecution thinks the defense capable of
It will not take very long for all these
things to be determined, a mere matter of
a few weeks, which will pass all so quickly
lor the prisoner, no matter how slowly
time may seem to move- for the expectant
public, and the first day of these few
weeks is this day, when the search for six
more jurors to fill the box will begin, with
300 citizens summoned on the panel, all to
be examined if necessary within four days,
within which period, "judging from the
progress already made, the box should be
filled and all preliminaries ended. The
trial of William Henry Theodore Durrant
for the murder of Blanche Lumont will
then have begun in earnest, to end in
liberty for the prisoner or as short a shrift
at the end of a noose as the law's delay
WITH FELINE EYES,"
A STORY BY
MADGE MORRIS WAGNER,
Author of "Liberty Bell," will be pub-
NEXT SUNDAY'S CALL
The Call devotea a great deal of atten-
tion to excellent articles on Western
Themes by Western men and Western
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