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DURRANT JURORS SAID TO BE IN DANGER.
Rumors of an Attempt to
Tamper With Those
in the Box.
A CRANK'S WILD ATTACK
Still Another Juror Secured in
the Person of Horace
WAS IN THE TYRRELL CASE.
Fifty More Venlremon Have Been
Summoned to Appear This
THE DFRRAXT CASE IN A MINUTE— BRIEF
REVIEW OF THE PROCEEDINGS.
After examining nearly forty veniremen
yesterday one more juror, making the sev
enth, was sworn to try Durrant. His name is
Horace Smyth ami his residence is 2127 Brod
erick. This makes the jury so far secured as
Thomas W. Sieberlich.
Irwin J. Truman.
M. R. Dempster.
C. P. Nathan.
Fifty more veniremen ■will be examined to
A crank made two wild rushes at Durrant in
. the corridors after the noon recess, but was re
pulsed with several kicks from Chief Jailer
battler. The prisoner took matters easily and
made no comment on the attacks. The assail
Rumors were afloat that an attempt to tam
per with jurors had been made, and that t-he
officials had taken precautions against such a
Durrant walked into a crowded court
room shortly before 10 o'clock yesterday
morning, after be had stepped out of Chief
Jailer Sattler's buggy. He had lost some
what of the color which he had recovered
during the days when he had been in the
courtroom and his eyes were a trifle watery
in appearance. There were several celebri
ties besides himself present as Judge Mur
phy opened court, and the early callers
were fully rewarded for their curiosity.
R. H. McDonald Jr. of the Pacific Bank
occupied a seat within the bar, his wife
and two children around him, while Man
ager Dailey of the Alcazar, who had man
aged to furnish interest in the Dnrrant
trial in the days when the court was wait
ing for more veniremen, sat by himself
and ruminated. Plavwright R. C. White
was also in evidence, anxiously watching
the movements of his attorney, Carroll
Judge Murphy inquired if there were
any motions to be made, and Mr. Darwin,
attorney for McDonald, stated that he
wished his client's case to go to trial at
once. The District Attorney, not being
present, the court continued the matter
for two weeks, and the McDonalds, "Dick"
and his wife and the two children, wafted
out of the courtroom. This being settled
Mr. Deuprey suggested to the court that
the matter of contempt in the case of
White had not been settled.
"In that matter," said the court, ad
dressing Mr. White, "I have concluded
that while, perhaps, you are technically
guilty yet I do not feel that I wish to im
pose any penalty on you. Mr. Dailey ap
pears to me to be the responsible party in
this matter and, therefore, I have con
cluded to dismiss the proceedings as far as
Mr. White is concerned."
It was so ordered and Mr. White speedily
made his departure from the forum and
the Durrant case was then taken up, the
court excusing forthwith William R. Sher
wood and R, J. Techau on doctor's certifi
cate of illness and Harry Lask because he
was a notary public.
The names on the new venire were called
by the clerk, many being found miss
ing, and any number lining up to the desk,
at the suggestion of his Honor, to make
their excuses. The following were excused
for good and sufficient reasons: A. B.
Flagler, W. W. Erskine, H. Eggers, H.
Kuhn, F. D. Oliver, I. B.Cook, J. F. Faber,
H. W. Hull, J. F. Mitchell, C. Waldemar,
William Kewhall, B. Fossass, Ed A.
O'Connor, W. H. Blaney, J. G. Graham,
W. A. Dittmar, H. G. Wilson, E. K.
AMridge, W. S. Gage, A. L. Strauss, J. A.
Britt, Emil J. Feavatier, C. Burger, I. S.
Merrill, I. R. Kinkaia, J. L. McLaughlin,
George Schmidt, B. Comerford and J. B.
H. Deckelman, one of the men called to
the box on the old venire, for whom an at
tachment had been issued, appeared in
Court and convinced his Honor that he had
been excused until Thursday. The court
then announced that it had received a tele
gram from the District Attorney announc
ing that the latter would not arrive until
11 o'clock, and a recess was ordered until
that time. With it came Mr. Barnes, who
looked a little bit sun-tanned, and the jury
box was ordered filled with veniremen.
The examinations were then begun.
F. Rippe of 8 Twenty-fourth street testi
fied that he had no conscientious scruples
as to the infliction of the death penalty,
but he was unutterably opposed to con
victions on circumstantial evidence. He
was excused on the challenge of the Dis
R. C. Atkins of the firm of Orr &
Atkins satisfactorily answered the ques
tions put by the prosecution, but on ex
amination by Mr. Deuprey stated that he
had formed an opinion which it would
take strong evidence to remove. He was
challenged for this reason and excused.
Peter Jacobson of 2122 Mission street also
developed a very strong opinion on the
case, and was challenged for cause and
J. Moran of 24 Erie street stated that he
bad conscientious scruples against the in
fliction of the death penalty, and was
challenged and excused."
B. Faymonville, the insurance man, was
the possessor of an opinion which could
only be removed by the strongest kind of
evidence. He was challenged by the Dis
trict Attorney and allowed to depart. L.
Schoenfeldt, residing at 366 Grove street,
was challenged on tne same ground. The
challenge was allowed.
Six more veniremen were called to the
box and sworn, and the examinations con
D. L. Munsen of 1943 Howard street gave
every promise of making a desirable juror
ere half a dozen questions had been asked.
He safely passed the greater part of the
examination of the prosecution only to be
challenged at the last for a strongly de
veloped opinion. The challenge was
denied by Mr. Deupre}', but after a few
questions as to whether or not the venire
man knew Captain Lees, to which he an
swered negatively, the challenge was
allowed ana he was excused.
R. G. Davis of 2126 Vallejo street ad
mitted that he was connected with the
Sterling Furniture Company, in which
company's warehouse the District Attor
ney's household goods are at present
stored, but stated that he had no conscien
tious scruples against the infliction of the
death penalty. He had formed and ex
pressed an opinion, however, which only
the strongest kind of testimony could re
move, and he was challenged and excused.
H. E. Hall of the Colonial House stated
that he could not bring in a verdict which
would result in the hangine of a man on
circumstantial evidence. He was chal
lenged and excused.
William Still of 605 Laguna street, a pav
ing foreman for the Market-street Railway
Company, aiJswerpd satisfactorily the ques
tions of the prosecution and was passed to
the defense. On cross-examination by Mr.
Deuprey it developed that he had an
opinion on the case, which could be re
moved only^by the strongest kind of evi
dence. He was challenged for cause and
the challenge was allowed.
Horace Smyth of 2127 Broderick street
was next examined and stated that he had
no conscientious scruples against the in
fliction of the death penalty and was pre
pared to give the circumstantial evidence
all the weight to which it was entitled.
"If you were satisfied," asked Mr.
Barnes, "from the evidence produced here
of the guilt of the defendant you would, I
presume, find a verdict accordingly and
not be influenced by any feeling of sym
"I should find a verdict according to the
evidence and the instructions of the court."
"Have vou ever served before as a juror?"
"Yes, sir; I served in Judge Wallace's
court, I think, for about six months. I
was in the Tyrrell dynamite case."
"Do you recall whether or not the evi
dence in that case was circumstantial or
"1 should say it was mostly circumstan
tial. Ido not recollect now that there was
any direct evidence."
Mr. Smyth then stated that he had
served as a juror in the Philadelphia
courts, from which city he had come here.
He was then passed by the prosecution.
"What has been your occupation since
you came to California?" asked Mr. Deu
"Enjoying myself," was the answer.
"Previously to that I had been on a farm."
"How long have you been here in Cali
VENIREMEN LINING UP TO PRESENT THEIR EXCUSES.
[Sketched yesterday by a "Call" artist.]
"I think just six years next Christmas
He was questioned as to his business
connections, and stated that he had none,
except a son-in-law, who was t!ie agent
and manager here for the Colt Manufac
"Have you read much about this case in
"Well, for the first day or two it was in
the papers I read a little of it — 1 confess
my inability to go through the whole of it.
I have taken little interest in it since."
"When it came to that portion of the
publication in relation to what was testi
fied to before the Coroner's jury and the
committing magistrate, did you read any
of that?' 1
"I do remember that I didn't read a
word of it."
"Have you discussed the subject-matter
of this charge from what you have read in
"Well, I have been talked to about it,
and I have considered it on my part by
saying that it was very unfair to form an
opinion about it. I come here entirely
clear from any opinion in the case from
beginning to end."
"Then you are, at the present time, en
tirely free from any opinion?"
"Have you any acquaintance with the
detective force of this citv ?"
"Luckily, I have not,'' came the reply,
at which the audience broke into an au
"Have you any acquaintance with mem
bers of the Police Department?" %
"No acquaintance whatever."
"Do you know of any reason, Mr. Smyth,
that would prevent you, if sworn as a
juror, from fairly and impartially trying
this case as between the State and the de
"No, sir; there is no reason."
"As I understand it, you would take
circumstantial evidence with a great deal
of caution— more caution than would be
given to direct evidence?" asked Mr. Deu
"Certainly," said Mr. Smyth.
"In other words, if you are charged by
the court that ereat care and caution
ought to be used in drawing inferences and
proving facts, you would be guided by that
suggestion of the court?"
"Certainly, I would."
"And if you were instructed that the in
ference must be fair and natural and not
forced, and that you must not draw any
artificial conclusions; and that the infer
ences to be drawn from the facts musr be
natural ones, amounting to a moral cer
tainty—that is, that it is not sufficient that
they must be probable only, but must be
beyond a reasonable doubt, would you so
"And if you had any reasonable doubt as
to any one essential circumstance, you
would be willing to resolve that in favor of
the defendant and acquit him if you were
instructed that it was the law?"
"In relation to evidence on identifica
tion, do you look upon that as evidence to
be taken with the utmost caution and
liable to very grave mistake?"
"We pass the juror," said Mr. Deuprey,
and the name of E. J. Hooper of 1913 Lyon
street was called. He stated that he had
no conscientions scruples as to the inflic
tion of the death penalty, but would not
bring in a verdict to hang a man on cir
cumstantial evidence, no matter how
strong it was. He was excused for cause.
This cleared the box of veniremen, all
but Horace Smyth.
"What will you do with Mr. Smyth,
gentlemen ?" asked Judge Murphy.
"The people are satisfied," said Mr.
Barnes, after a moment's consultation with
"The defense is satisfied," said Mr. Deu
"Then swear the juror to try the case,"
said his Honor, and Clerk Morris admin
istered the oath, which made Mr. Smyth
tbe seventh juror secured in the case.
A recess was then taken till 2 o'clock,
THE SAN FRANCISCO UAL.I^, TUESDAY, AUGUST 6, 1895.
both sides apparently well satisfied with
the new juror.
Durrant and his custodian waited in the
auteroom, as has been their wont since the
trial commenced, until sufficient time had
elapsed to allow the waiting crowds to dis
perse, and then they proceeded to the stair
way on their road to the prison van.
Thirty seconds later the first attempt to
make an assault on the prisoner since his
arrest was made.
Jailer Sattler and his prisoner had
reached the upper staircase on the Larkin
street side when a young man with a
brown mustache made a rush down from
above, his eyes bent on the prisoner as if
he meant mischief. Jailer Sattler, who
was walking slightly in the rear of Dur
rant, heard him coming, and turning
quickly grabbed him as he was about to
"Keep away !" exclaimed the jailer, as he
gave the man a sudden push, which threw
htm to his knees against the iron stairs;
and the deputy and his prisoner passed on
at the same t>ace in the direction of the
Sheriff's office. They had nearly reached
the door into the private office when the
attacking partv again came clattering down
the corridor after the jailer and his pris
oner. His right hand was buried in his
overcoat pocket, as if resting on a con
cealed weapon, and there was a menacing
look on his face.
Sattler caught him by the arm again,
gave him a vigorous kick where it would 1
land most effectively and pushed his
prisoner into the Sheriff's office, just as
Under Sheriff Clack appeared on the scene
and gave the rash young man another
dose of Jailer Sattler's medicine. The
would-be assailant got his feet as rapidly
as possible and made good his escape at a
rapid gait, too rapidly to allow of a search
of his person for a deadly weapon, which
it is thought he might "have had in his
overcoat pocket. He is considered a crank,
whose nerves have become worked up on
During the few seconds' excitement
Durrant took things easily, never mani
festing the slightest interest in the actions
of the voung man or his defeat by the
jailer. He did not even inform his attor
neys of the matter when he returned to
court at 2 o'clock, and they only learned of
it when asked for information by the news
paper men. Mrs. Durrant, who had not
been present at the morning session, put
I in an appearance at 2 o'clock and took her
j seat at the side of the accused as the court
ordered the call of the roll of jurors. The
room was crowded with spectators, many
of them being ladies, who gazed wonder
ingly on the features of the young prisoner.
F. W. Churchill of 503 Haight street
j stated at the start that he had conscien
tious scruples against the infliction of the
death penalty. He was challenged by the
prosecution and excused. H. F. Hegler
was challenged and excused on the same
A. Neustadter of 927^ Post street had
neither conscientious scruples against the
infliction of the death penalty nor preju
dices against circumstantial evidence. He
answered the other questions of the prose
cution satisfactorily and was passed. Mr.
Deuprey asked him if he had not told the
court in the morning that he was sict.
The venireman stated that he was, but
felt bc-tter. He had cramps at times; but
stated that it was not chronic and would
not, probably, interfere with his duty as a
"We ask that Mr. Neustadter be ex
cused," said Mr. Deuprey. "His illness
would certainly interfere with his duties
as a juror. We want healthy men in the
jury-box and want the benelit of a mind
capable of reasoning without interference
with physical ills."
"I am as anxious as you are, Mr. Deu
prey," said his Honor, "to have healthy
men on the jury. Ido not think that Mr.
Neustadter's illness is of such a character
a& to interfere with his serving."
Mr. Deuprey then resumed his examina
tion of the venireman and discovered that
he had a most positive opinion as to the
case, which could only be removed by the
strongest kind of evidence. He was chal
lenged for this reason and Judge Murphy,
who appeared to think he had all the qual
ifications necessarv for a juror, questioned
him at length, only to be met with the
statement that the opinion was very
strong. The challenge was then allowed
and Mr. Neustadter was excused.
L. M. Bannen, who resides at 2012 Pierce
street, passed the examination of the pros
ecution, but was challenged by thejdefense
for an expressed opinion which it would
require very strong evidence to move. The
challenge was allowed.
H. Schlessleman, a grocer at 1300 Hayes
street, had conscientious scruples against
the infliction of the death penalty. He
was challenged by the prosecution and
Five more veniremen were called to the
box and sworn. Henry Kohler, who re
sides at Jones and Lombard streets, being
first examined. He seemed to answer
satisfactorily the usual questions pro
pounded by the District Attorney, and
was passed. After passing into the hands
of Deuprey, he stated that he had a strong
opinion on the case, formed by reading
the reports of the testimony at the Oftro
ner's inquest. He was challenged for
cause and excused.
H. H. Heckmmn was excused on the
ground that be could not join in a verdict
of guilty on circumstantial evidence. L.
Bloom had conscientious scruples against
the infliction of the death penalty, and was
also challenged and excused.
George Stokes of 511 McAllister street,
testified that he had an opinion in the case
which could only be removed by the
strongest kind of evidence. He was chal
lenged bv the prosecution and excused.
H. Euler, a furniture manufacturer re
siding at 1511 Lyon street, stated to Mr.
Barnes that he had no conscientious scru
ples against the infliction of the death
penalty and no prejudice against circum
stantial evidence. After a few more ques
tions he was passed by the prosecution,
Mr. Deuprey then taking him in hand for
cross-examination. He stated positively
that he had no opinion in the matter.
"Do you recognize, Mr. Euler, that cir
cumstantial evidence should be taken with .
a great deal of caution— much more so
than direct evidence? In other words, do
you recognize that circumstantial evidence
is open to more fatal mistakes in the tell
ing and receiving than the other class of
"Well, I recognize the fact that people
can be mistaken."
Mr. Deuprey then cioselv questioned him
as to the manner in which he would draw
his inferences from the testimony of wit
nesses, some of whom might go so far &<\ f O
commit perjury, and Mr. Enler's answers
were satisfactory, although slow in coming.
"If in the trial of a case where the evi
dence was wholly circumstantial and you
were instructed by the court that, if you
had a reasonable doubt as to any one es
sential circumstance, you must resolve it
in favor of the prisoner and acquit, would
you follow that instruction and do so?"
"Well," was the reply, after some hesi
tation, "the evidence would have to show
"Would yon be guided by the evidence
would you take it as a mass, or would you
in weighing the evidence, be certain to dis
cover that every one essential fact and cir
cumstance had been proven, and if you
had a reasonable doubt, as defined by the
law, as to any one essential circumstance
out of the whole mass of testimony, would
you resolve that doubt in favor of the pris
oner and acquit him? \Vould you do it?"
"Well, I don't think that if there was
just one link missing— l don't think I
would give him the benefit of all the rest
"In other words you would leave out a
link here and there* and would be satisfied
to consider the chain complete."
The answers of the witness were becom
ing really painful. Mr. Denprey Equared
himself for another charge, the court bent
its gaze most intently on the venireman
and not a soul in the audience but leaned
forward to listen. Question after question
on the same line was hurled at Mr. Eulcr
and, after gradually lengthening pauses
alter each, be answered in the same strain,
being very evidently mixed up on the
matter of links in the testimony. Mr.
Deuprey seemed to be unable to get him to
say anything positively one way or the
other and the court took him in hand.
"Suppose," said his Honor, "a case was
brought to you, sought to be proven en
tirely by circumstantial evidence; and,
suppose that 20 circumstances were neces
sary to show that a crime had been com
mitted and the party accused was guilty
of the crime— in other words, a complete
chain of twenty circumstances. Now,
supposing, when you got down to circum
stance No. 15, you would say to yourself,
'1 do not know; the proof is not strong
enough on that point. I have a reasonable,
conscientious doubt about that. I am not
satisfied that that fact is proven; and
that fact is essential and necessary to
complete the chain so that it will be satis
factory to my mind.' Now, if when you
got to the fifteenth fact in that chain, or
the fifteenth link, you had a reasonably
fair doubt about that, that would break the
chain, would it not?"
"Yes, sir," was the answer.
"Now, if you had a fair, reasonable doubt
about that fact, which constituted the fif
teenth link, and you could not say, on your
conscience as a man, that you were satis
fied of the truth of that fact— which was an
essential fact and necessary to make the
chain complete — would you not follow the
instruction of the court that told you, if
you had a reasonable doubt about the fact
and that it was a necessary ana essential
fact to make the chain complete, your
duty would be to acquit him, would you
follow that instruction, although you might
be satislied of the nineteen others?"
''I think I would brine in a verdict of
acquittal, if I was satisfied conscientiously
The court battled with Mr. Euler for ten
minutes longer, and then turned him over
again to Mr. Deuprey. The venireman
could not make up his mind that a little
thing like a missing link would worry him
at all, and Mr. Deuprey was in despair,
when Mr. Euler opened a way out of the
"In a case of circumstantial evidence."
he said, "I could not conscientiously give
a verdict of death, unless I would be in
favor of the second degree. I could no
agree on circumstantial evidence on a ver
diet of death."
"Why didn't you say that long ago?"
thundered the Judge. "The challenge is
And Mr. Euler left the box, the crowd
wondering what he meant by "death in
the second degree," tr»e attorneys discover
ing meanwhile that he had nositivcly*
stated in the beginning that he had no
scruples in finding a verdict carrying the
death penalty on circumstantial evidence.
Five more veniremen were called, chal
lenged for cause and excused in rapid
order, as follows: W. Ahrens, a grocer at
201 Diamond street, had prejudices against
circumstantial evidence; Victor Alarsh,
531 Hayes street, had a strongly developed
opinion; F. Person, 2;«4 Pine street, was
similarly incapacitated; J. H. Hchroedcr,
2400 Washington street, would not convict
on circumstantial evidence; and P. Mona
han had such an opinion as would require
the strongest evidence to overthrow.
Two more drawings of five each were
made from the box and the ten veniremen
were excused in rapid succession, for
cause, as follows: Claus Schwatz, G. P.
Rexford, O. D. Baldwin. J. N. Mallet, P
J. Smith, C. L. Baker, J. D. Siemers, Aug
ust L. Strauss, T. R. Dunn and George
This exhausted the panel, with the ex
ception of Thomas Kirkpatrick, upon
whom Mr. Barnes and Messrs. Dickinson
and Deuprey had held a consultation. Mr.
Barnes announced that counsel for both
sides had agreed to excuse Mr. Kirkpat
rick. The court allowed the excuse. Mr.
Barnes stated later that Mr. Kirkpatrick
was a client of Mr. Deuprey's and it was
thought it easier to excuse him by consent
than to keep him in court awaiting ex
Before court adjourned Judge Murphy
admonished the jurors and the proceed
ings were allowed to rest until this morn
.ine at 10 o'clock, when fifty more vanire
men will be brought into court for exami
JURORS AND BRIBERY.
Rumors of Attempts to Approach
the Panel— A Conference.
The members of the District Attorney's
office and the detective force are consid
erably worked up over certain rumors that
have been floating around for the last few
days. It is said, and with some show of
authority, that the Durrant jury has been
tampered with, but neither the District
Attorney nor the Chief of Police will either
deny or affirm the story.
So much importance did Chief Crowley
and Captain Lees attach to the story, how
ever, that they called in to their assistance
United States'Secret Service Agent of the
Treasury X. K. Harris. The three detec
tives were closeted yesterday afternoon in
the Chief's office, and later on they sent
for District Attorney Barnes. Certain
conclusions were arrived at, and ever since
Lees, Harris and Ben Bohen have been
working on the case.
Assistant District Attorney Pei.xotto at
first denied that the conference hnd been
held, but afterward admitted that Harris
had been called in. Several subjects likely
to call for a conference were enumerated,
but he denied point-blank that they had
anything to do with the case. Whe'n the
Durrant jury was approached, however, he
said instructions had been issued for every
body to keep a close mouth.
Secret Service Agent Harris was seen,
but he was as uncommunicative as the
rest. "It ia not my story," said he. "If
you want the facts go to Captain Lees,
"ies, I had a conference with the Chief of
Police and Captain Lees, at which Mr.
Barnes was present, but what it was about
I can't tell."
"Was the conference in regard to Federal
matters— counterfeiting or anything like
"No, it was not. Now, I will not answer
any more questions."
In spite of all the secrecy, however, it is
pretty certain that a bomb is likely to fall
at any time, and when it bursts some one
near the Durrant jury will get hurt.
A Writ of Habeas Corpus Obtained
Yesterday In the Supreme
W. R. Dailey, the Alcazar Theater man,
who was sentenced by Judge Murphy to
three days' imprisonment for contempt of
court, was released yesterday on a writ of
habeas corpus issued by the Supreme
The writ of certiorari applied for on Sat
urday by Carroll Cook was also granted,
and the hearing on both writs was set for
September 2. Dailey is held under bonds
Whatever action may be taken at the
hearing of the writ of certiorari, the play
founded on the Durrant case is effectually
disposed of for the present. There can be
no production of it Defore September 2, at
UNION PACIFIC'S' DEBTS
Government Director Coombs
Here on a Tour of In
A Claim Made That the People May
Demand a Third Term of
William J. Coombs, lately appointed by
President . Cleveland one of the Govern
ment directors of the Union Pacific Rail
road, arrived here yesterday on a trip of
inspection over the road and its branches
and connections. Mr. Coombs was elected
a member of the Fifty-second and Fifty
third congresses from one of the Brooklyn
districts and took a prominent standing on
tho Democratic side of the house. He is
called the father of the American export
trade, in which business he has been for
over forty years.
Asked about his trip last evening at the
Palace, he said : "I have come out to try
to form a business judgment of the situa
tion of the Pacific railroads, more particu
larly the Union Pacific in relation to its
indebtedness to the Government, in order
to prepare to act intelligently with the
other directors in framing some plan to
relieve it from its embarrassments, more
particularly to formulate a plan for settling
the indebtedness to the Government.
"I have been over most of the system
and. am very much pleased with the condi
tion in which I find it. I find that some
of the feeders are improving in condition,
the country opening up much better than I
expected to find it. The Oregon Short Line
beyond the lava beds seems to be booming
with the new enterprises along its route
and the people are happy and contented.
"Of course, the Union Pacific is very im
portant to the middle tier of States and it
would be out of the question to allow the
road to be destroyed.
"I am going at the question in a busi
ness-like way to try to find out what the
future can be under good management.
The President is very much interested in
this matter. .It is the one question besides
silver that he is deeply concerned about.
"The Government can never expect to
get all its money out of it on account of
the awful capitalization. It has got to be
brought down to a business basis."
Asked about the Government's taking
the road Mr. Coombs said: "I am so
thoroughly in favor of the Government's
having nothing to do with railroads that
I would favor any plan to scale down the
amount and free the Government from
railroad complications." :
Mr. Coombs said that he voted for the
Reilly funding • bill, believing it the best
thing that could be done.
~The Government director is an ardent
admirer of President Cleveland. Asked
about a third term he said: "I don't be
lieve that he considers it for a moment.
Cleveland, I am sure, does not want a
third term ; but I can imagine a state of
affairs where the people would demand
it. You must bear in mind that while he
is not the choice of the politicians, there
never was a man who had such a strong
hold on the people. Mr. Whitney? . I
think he would laugh at the idea. Whit
ney would not want to sacrifice himself in
a forlorn hope."
''Do you consider it a forlorn hope
1 "Well, you can hardly say that Demo
cratic prospects are very brilliant for the
next campaign. If we had as many cards
as' the Republicans we should find no
trouble making a choice." -'..
Asked who he thought would be the most
likely to get the Republican' nomination,
Mr. Coombs said: "I would guess Allison.
I could not give the grounds for that be
lief, but I have that feeling. He has not
been in a condition to make enemies."
The Case Against Solomon Dismissed.
C. Solomon, the commission merchant, is
once more a free man. He was arrested for
sending "matches" by the steamer Santa Rosa
to San Diego as "Japanese ware/ 1 The vessel
caught fire owing to the matches igniting, and
the Pacific Coast Steamship Company had him
arrested by the United States authorities.
Solomon was able to prove that the shipment
was an accident due to the carelessness of his
assistant, and that he really intended shipping
"Japanese ware." Under the circumstances
the company consented to the case being dis
missed by United States Commissio'ner Hea
V Family Jar.
GREAT AMERICAN IMPORTING TEA CO.'S
■ Stores are selling
MASON FRUIT JARS
;, , At greatly reduced prices.
1 dozen iars, pints, In box ...;;...:............. 50c
1 dozen jars, quarts, in b0x...... ..1.. 60c
1 dozen jars, half gallons, in box 1........ .......80c
luai *<:i onr Icanrovcd Jelly Glasses. 35c Der dozen |
The Division fn the Rank and
File of the Race Is
POLITICS CAUSED THE TROUBLE
A New League or the Reorgraniza-
Etion of the Old One to Be
The dissatisfaction among the colored
people which became so pronounced in the
closing session of the Afro- American Con
gress last week is growing, and" in the
opinion of A. A. Collins of Oakland, who
was the leading spirit in the opposition,
the mass-meeting over which he presided
on Saturday night was merely the begin
ning of the end. He said :
We are in this fight to stay to a finish. The
fifty-six men who enrolled their names at the
mass-meeting Saturday night as supporters of
the movement represent nine counties: San
Francisco, Alaraeda, Sacramento, Kern, Butte,
Los Angeles, Yuba, Contra Costa and Volo. and
there are 300 of us in Oakland and San Fran
cisco. We shall demand either a reorganiza
tion of the present league on non-political lines
or the establishment oi a new one ihatwillbe
a strict race association.
There was an effort made in the congress to
cast a slur upon the pioneers and native- born
California negroes by some of those who have
come here from the South. Now we of Cali
fornia birth resent that, for we think we know
what our people need in this State quite as
well as do some of those to whom I referred
openly in the congress.
Yes, it is true that there was developed in the
congress a prejudice of the black men against
those of lighter color. But we had some
friends among the blackest of them, and the
prejudice was not permitted open expression.
They did not dare go so far as that, for we are
all of the same race.
1 am a Republican and so are most of the
men who were denied seats in the congress,
Mrs, S. W. Layton, Delegate to the
notwithstanding T. B.Morton's assertion that
the "opposition" was a Democratic scheme to
break up the congress; and we, as individuals
or in political organization, are as loyal to the
Republican party as he and his handful of fol
lowers. But the call issued for that congress
was for a race congress, not for a political
gathering in the interests of T. B. >forton. Yet
some thirty delegates from kindred racial so
cieties were denied active participation.
There are problems confronting our race to
be studied and discussed publicly if we would
advance industrially, commercially and intel
lectually, and they are questions that cannot
be met in political meetings. It was for the
consideration of such race advancement that
the A fro- American League was originated, and
I shall continue to oppose its manipulation by
political bosses andschemers. I had some sup
port in my fight among the seated delegates in
the congress, but we were sumraarily sat upon
when we endeavored to oppose the president
and his backers.
But those political manipulators did not pos
sess the courage to attack one of our sirong
supporters, Mrs. S. W. Layton, or else they
were too dull to grasp the full purport of her
excellent paper. She was not on the original
programme of the bosses, but she got a hearing
and was loudly applauded, even though she
rapped them over the head in a very spirited
Some of the paragraphs referred to in
Mrs. Layton's paper are as follows:
There is an imperative need of greater unity
in questions of vital importance. We are to
peculiar a people that earn and everyone of
us is capable of leadership, and therefore so
fl Monday— Tuesday— Wednesday Au 5,1895
S MANZANIUUA II rzposo S
gOUVES ROTHSCHIUD S
vfr This delicate little Olive, though J .y )
■Tl small, is fast becoming a favorite . The most popular size of the most 7 A
(A with P eo P of refined taste. They popular cigar sold in this city. For ijr
y? recognize it for the excellent flavor, eight years we have >assed thtffe WJ
ff) the tender skin, and solid, but not cigars over our counters, and daily 7 A
7 A tough, meat. Now is the time to ; the demand increases.
vJP make its acquaintance. w)
fl Regular f\ Cents 1 C\ O / off onßoxSales [k
[$ Price &%fL 1 r. „ I W/Qf or Three Days w)
m 75 cents T^ a Gallon »..%^/\^ ' T/
in IRROY ex k rnkKA &
f) ir\r\UT atTA FfIAM
2 champagne; s£? p foam . fi
/^ The wine of the New York Four OUftl )M
VjP Hundred. It reigns supreme at the [NOT THE ■». FOAM nnRATi ¥)■
#) Tuxedo Club; it is Chauncey M. borax] T/
l4 Depew's f Orite; , ed , solel y by the We have just imported from Tohann iR
VJT New York Central Railroad, and the Maria Farina, Cologne -on -"Rhine, W)
ftM Champagne of the Vanderbilts. • three thousand cakes of his famous (J
(A Case [Quarts! Case [Pints! Sea Foam Soap Never before has 0\
]g^ J L J America used this excellent article, Wf
W) v*a^ which has won great renown among (^
/A \i^ H. l^ e l'- uro P eans lor shampooing, fur
CO^^^^ CO .^T- K~M bathing, and for all toilet purposes. ¥)
tr) \L______. See our window display. • "Light as (A
f) Y l<PmUllHP I I!?^N Cents fi
§SkRD\H£S POaD ozen^
jjl They being imported from France : — r v^P
VjS are especially appreciated by the con- • , #)
tifi\ sumers for the pure quality of the oil ' We execute all orders with prompt- 7 L
I A used, and for the excellent flavor of ness and precision. \JS
Jz the tiny fish. The market price in ' ' m)
0\ this city is $i.6oadozen in twenty- Obtain a "Store News," free, at JA
jl five case lots. the stores. V^
w) QL 1 5? f\ a ozen We wish your address that we may jl
U V I 2T,n .2sCent, SCnd y ° U our forty-page illustrated $
\M? ■ „ Catalogue, free. fir)
m\ Regular Price, $2.00. fa jl
y? ALL CHAWPAGNGS R6PUC6P; TO f7
l£ 51. 50 A PIKT
f) GOIiDBE^O, BOLUErI €t LiEBEJ^BfIUm (&
V^ 426-432 Pine Street 215-217 Sutler Street .2805 California Street ¥)
w) Telephones: Main 1.13, Ill; and West 101. /A
great a bodv that for lack of feet to mo ■ c an*
hands to work, our remarkable knowing head
has little chance for executing -it* great plans
We must learn to know the interest of oiu is
the interest of all, and he who is best qu*- 1 ™?
to lead should be supported regardless ot per
sonal preferences. As Bishop Arnett says . we
should stop prating our goodness, but be «,
live it; accumulate wealth, own and.-, facto
ries and corponitious, and then will we De aa
good as others." . ,
We need more of the educated, practical,
Christ-like ministers among our people ana
none of the groaning jacklegs and tyrannical
Another accursed environment of the race is
prejudice. We are as prejudiced as the Anglo
Saxons. Stop feeling that you are a peculiar
people. Ido not like this term Afro-American.
Cease encouraging the sensitive spirit.
I hope some set of resolutions may be adopted
here in reference to better regulation of gov
ernment or something in reference to ridding
the State of its b'.ack laws. We should press
measures for our advancement in lines of
thought, study and general improvement ; then
will this congress prove a benefit. But if we
come here to indulge only in lengthy ha
rangues and oratory, without higher inspira
tion, we shall not be worthy oi the coveted
title "American citizens."
COLOEED ODD FELLOWS,
The Annual Sleeting of the District
Grand Lodge of Cali
District Grand Lodge No. 32 of the
United Order of Odd Fellows (Colored)
met in annual session in the Alcazar build
ing yesterday morning, District Grand
Master J. C. Rivers presiding. J. L.
Derick is district grand secretary and J. C.
Ruce of Bakersh'eld assistant district grand
The district embraces the State of Cali
fornia with a membership of 423, repre
sented by 11 lodges. During the year the
order paid out for sick benefits $1882 50,
for funerals $505 40, and for other ex
penses $270718— in all $5708 33. The ag
gregate assets of the lodges amount to
$13,596 80, represented by investments and
money in bank.
District Grand Master Rivers presented
his annual report, in which he reviewed
the work of the order during the year and
suggested the forming of an insurance
branch of the order, to be conducted by the
The following committees were ap
pointed: On grievances and on appeals —
H. Bishop of Oakland, W. M. Stephens of
San Francisco and B. A. Johnson of Sacra
mento; widows and orphans — J. H.
Greenly and B. H. Harris of San Fran
cisco and H. H. Gillum of Bakersfield;
finance — A. D. French of San Jose, G. W.
Wilson of Marysville and B. H. Harris of
TOR STATE INDUSTRIES.
Letters Relative to the New City Hall
The proposition of the Supervisors and
Fire Commissioners to put an electric
elevator system in the new City
Hall has not escaped the atten
tion of the Manufacturers' and Producers'
Association. Yesterday letters were sent
to the Supervisors, Fire Commissioners
and Architect Frank Shea stating that ari
electric elevator of California make is uow
operating successfully in this City and re
questing that Western elevator manufac
turers be given u chance to compete for the
Assistant Secretary F. H. Dingle saj3
that the mass-meeting held in Santa Cruz
last Saturday evening was a grand success
and the people of that city promised to
co-operate with the association. Thia
body was represented by Julian Sonntag,
M. McGlynn, A. Sbarboro and S. H.
Tacy, who delivered addresses. Speeches
were made by P. H. Hihn. Duncan Mc-
Donald, the chairman, J. R. Smith, Frank
Mattison, Mrs. L. U. McCann, E. S.
West, W. E. King and W. T. Jeter of
Santa Cruz. The li'all was crowded.
The Trades Unions.
At a meeting of Iron Molders' Union No.
164 last evening a report was made that the
International Union in its new constitution
had adopted a sick-benefit clause, and sick
molders will receivers a week for six months,
in addition to the $8 paid by the local unions.
Carpenters' and Joiners' T'nion No. 483 took
in twenty-nine new members last evening.
Reports were made that business is fail and
wages raising, an advance of 50 cents having
been made within two weeks. The German
branch, No. 304, took in ten new member*.
Insure Tour Title.
No person should buy real estate without
having the title examined and insured by the
California Title Insurance and Trust Company.
Its guarantee will save a world of annoyance
and trouble and protect the purchaser and his
heirs forever from defective instruments on
record. Office: Mills Building, L. R. Ellert,
- — — - — ♦ — ♦ — ' ♦
The Debris Commission.
At a meeting of the Debris Commission yes
terday, M. Cortez was granted a oermit to
operate the Sailor Boy hydraulic mine in Sierra
County. Impounding dams were authorized at
Big Ravine, Nevada County and Lost Camp