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title: 'The San Francisco call. (San Francisco [Calif.]) 1895-1913, December 11, 1895, Page 7, Image 7',
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WEDNESDAY DECEMBER 11, 1895
Pai.pwtn Titeatkr.— Rice's Big "1492."
California Thkater—" Othello."
C'oi.t-mbia Thkatfr— "Cleopatra."
Morocco's OrKBA-uousE- "A Son of Thespis."
1 ivoi i OrvFA-iiouPK— "The Beggar Suident."
Ckfhfxm- H!gh-C!ass Vaudeville.
GitovFata Alcazar.— "An Honest Girl" and
••Little John I*"
Mechanics' Pavilion*— Poultry Show.
Shcotthe Chutes— Daily at Haight street,
ere LJock east of the Park.
Pacific Coast Jockky Club.— Races.
By aston, Eldridok A Co.— This day (Wed-
nesday), Rugs, at 625 Sutter street, at 2:30 and
7:30 p. K.
By Indiana Auction Co.— This day (Wednes-
day), Jnpauese Art and Curios, at 22 Geary street,
at 2 p. m.
By William Bitterki Kin — Thursday, De-
cember 12, Oil Paintings, at 19 Montgomery
street, at 11 o'clock.
By G. H. mkskn & Co.— Real Estate, Saturday.
December 28. at 12 o'clock noon at salesroom, 14
CITY NEWS IN BEIEF.
The Grand .Tury will resume the boodle in
vestigation at a special session this evening.
T!ie plaintiffs closed their case in the Hale &
Norcross suit before Judge Hebbard yesterday.
Forecast Oilicial Hanmon predicts increas
ing cloudiness, with probable rain "Wednesday
Charles Mayne, the capitalist, is somewhat
better, and his physician is hopeful of his re
Seven young women received diplomas from
the San Francisco Training School for Nurses
K. K. Johnson was last evening elected walk
■ gate for the carpenters' and joiner.-.'
unions of this City.
At a meeting of the University Regents yes
terday It was decided to construct three build
ings for the Affiliated Colleges.
A successful performance of "Elijah" was
given last night in Metropolitan Temple by the
San Francisco Oratorio Society.
. Attorney 1.. K. Phillips says he will push
the charges he has made Rpainst the manage
ment of the Mechanics' Institute.
Mr.-. George Knell) wants to unite all tho
women of San Francisco in an organization to
be known as the ">'ar Sisterhood."
The Supreme Court has decided t,hat W. H.
Bancroft cannot recover the shares of stock
which he transferred to his uncle, H. H. Ban
Charles Ward, charged with bribing a Stock
ton Super visor, has succeeded in knocking out
the i.-idictment against him on the ground of
The second tri al of Dr. Eugene F. West for
the murder by criminal practice of Addie Gill
i■omineuced before Judge Wallace yes
Mattie Jane Cole of Delano, Kern County,
vrho eloped with a tramp about three weeks
ago, was found in this City by the police yes
A gentleman's advisory board is assisting
the directors of the California Girls' Training
Home in devising means for providing a build
There was a row in Fleming & Co.'s pool
rooms, 8 Ellis street, yesterday morning, and
one of their patrons -wanted a warrant for
The Southern Pacific will employ Finkerton's
detectives alter January 1 in a variety ol
capacities connected with its secret service
The Supreme Court has knocked out the
will of Ozias Walker of Butte County because
one of the witnesses inadvertently signed the
A petition calling the attention of the Anti-
Saloon Convention to the National Amend
ment Club plan was sent to Washington City
from this City yesterday.
The warrant for the execution of Theodore
Durrant is now ready for .fudge Murphy's sig
nature. It will be signed to-day, \i no writ of
proba&le cau.se be issued.
The Superior Court has decided that Vincent
P. Buckley cannot collect from Attorney Giles
the "amount of damage which Buckley
'a error cost him.
ly.ro more policemen were sworn in by Chief
( rolvk-y yesterday— John H. Johnson, 33 years
ot a ;•■. i>orn in Ohio, farmer, and George F.
by, 29, Missouri, contractor.
Bids for materials and buildinsr of the union
■ und ferry-house at the foot of Market
•.\ ere opened yesterday. The estimates
ost varied from .*4.70,000 to $792,610.
The third annual exhibition of the California
State Poultry Association begins at the Me
chanics' Pavilion this morniftg Ht 10 o'clock, to
run one week. More than 2500 birds are en-
The United States Government has been al
lowed to intervene in the case of the Southern
Pacific against the Railroad Commissioners.
Such was the effect of Judge McKenna's de
The application of Ambrose Watson, clerk of
Police Court - for a writ compelling Auditor
: rick to pay his salary was argued
Proutt yesterday. The matter wa -
Hurdle riders John=on and Goodman were
rwled off the turf by the stewards at Ingleside
track yesterday. the winning horses were:
Allahabad, Kowalsky, Belle Boyd, imp. Star
Ruby and Bernardo.
Henry Tessmer corrects the spelling of some
in a letter be sent to the Grand Jury
r« sardinsr the pound-lim.t scandal. I
that that body should question all the
milk ranchers of his district.
A damage K uit may arise out of the death of
. the new
\s;ih a satul elevator accident on the 4th inirt.
Donahue buildinz on Mission ar,
. An inquest is to be held.
M Agent Moore of the Treasury Depart
ie now investigating the charges of ex
stor of Customs George W. Harbison
that he was wiongfutly dismissed by Collector
Wise from the service last October.
Dr. Wiliiainson say th^re is no reason to
fear that lyphoia fever will become epidemic
. He thinks that probaUly
impure water has much to <lo with the ease's
reported to the Health Department
B. P. O'Mally. 512 Bush street, swore out a
warrant in Judge Conlan'i court yesterday for
the arrest of Sebastian Rameis, son of a Guate
malan planter, now in the City and County
Hospital, on the charge of burglary.
Mr-. Daniel Lane will likely be taken before
the Insanity Commissiqrers aijain, as she is
threatening'to take the life of Miss Kate Ker
rigan, her friend, whom she has for over a year
falsely charged with robbing her of $1500.
Superintendent James E. White of the Rail
way .Mail Service of the United States recom
mends in his report that Congress pass a law
allowing compensation to employee, or their
relatives, for injuries received while in the
Bayard Saville, an ex-convict who recentty
passed two forged checks purporting to be
signed by Mrs. Theresa Be!!, was yesterday
held to answer before the Superior Court by
foaehim.sen on two charges of forgery in
$2000 bonds on each.
In an answer to Treasurer Widber's demand
for the collateral inheritance tax on the Stan
ford legatee* Mr?. Stanford has alleged thai
the action now pending against the estate in
the United States courts is a bar to any further
proceedings on the part of the Treasurer.
A complaint was filed yesterday with the Bar
Association by a Madame Poupion repeating a
charge of embezzlement she made against At
torney Franklin V. Bull nearly ten years ago,
and from which he was completely exoner
ated alter an investigation by the association.
Governor Budd will soon send an agent to
the Eastern prisons to gather statistics show
ing the <iuantity of convict-made articles made,
and sold in California. The Manufacturers'
Association wi.-he.s Labor Commissioner Fitz
gerald to meke an investigation into the sub
Two of Howell's witnesses, N. C. Hanscom
and C. I). Harsin, are under a shadow in the
United States District Cdnrt on account of
their connection with the celebrated counter
ca<-r?. Indictments may result. Howell
is expected to take the stand in his own behalf
Merchants have petitioned the Board of Su
pervisors to take up the bitumen and put down
basalt blocks on Front street, from Market to
Commercial, as the bitumen is so slippery
when damp in the inorning that horses en
gaged in heavy drayiug fall and injure tnem
A conference of committee* from the Chamber
of Commerce and the Manufacturers' and Pro
ducers' Association will soon be held with a
view of calling the attention of Congress to
the threatened dangers arising from the un
restricted importation of the products of cheap
Dr. W. \V. Case, pastor of Howard-street
Methoditii.Church, yesterday wrote a reply to
Father Yorke's lettei of the 9th lnst. The
•hird attorney has not vet been named in the
controversy between Rev. Donald Ross and
Father Yor'ke. Mr. Quitzow declines to reply
to Father Yorke. All of wtich appears in this
issue of The Call.
ALONG THE WATER FRONT.
A Presidio Soldier Took Com
mand of the Ship Glory
of the Seas.
ORDERED LINES CAST OFF.
Two Chinese Maidens Nearly Missed
Their Passage by the Steamer
One of the soldiers from the Presidio
had a "jolly, old time" on the American
ship Glory of the yeas yesterday. During
the absence of Captain Freeman he went
aboard and assumed command. The mate
was below looking after the coal being
discharged and the soldier had everything
his own way for a few minutes. He or
dered the lines cast off, and the sailors
thinking he was a United States officer
obeyed his command. The Glory of tne
Seas began to drift down on the British
ship Clan Mackenzie, and then the mate
learned for the first time that something
was wrong. When the buckets in which
the coal is discharged ceased making their
regular trips he rushed on deck and found
the soldier racing the quarterdeck in full
control. It did not tafce long to get the
ship tied up again, and then the mate
went for the intruder. That soldier will
bear the marks of his experience on the
Glory of the Seas for many a day. The
police were called for, but before Officer
Crosby could'get on the scene the man from
the Presidio was hull down in the direc
tion of Black .Point.
The rate war between San Francisco and
Valiejo is still being fought bitterly. Ru
mor has it that the Southern Pacific ia ne
gotiating for the purchase of the Monti
cello, but Manager Hatch of the steamer
laughs the idea to scorn. He says the
Monticello is in the tight to stay, and that
tue rate will remain at $1 for the round
trip and 75 cents one way. "We have no
intention of making a reduction," said he
yesterday, "and we are not going to sell
out. The service we are giving the people
of Valiejo is worth what we charge, and if
they don't want to patronize us, well and
In view of the strong opposition of the
Herald and bunol the owners of the Mon
ticello have been compelled to cut down
expenses. Agent Benjamin, who repre
sented the owners at this end, has been
dispensed with and other cuts are ex
The Occidental and Oriental Steamship
Company's Gaelic sailed for Hongkong
via Yokohama yesterday. She was de
layed considerably in getting away,
owing to the late arrival of her passen
gers. Two Chinese damsels from Los An
iiele:? drove furiously down the wharf after
the ship had backed out into the stream.
They were in despair until Captain Dris
coli came to their rescue. He pressed the
little tug Pup into service and by means of
a bowline lowered the two women into it.
They were then hurried out to the waiting
steamer and were hauled aboard.
The Gaelic only took away ten cabin and
about 300 Chinese steerage passengers.
Among the latter were six coolies who
were refused a landing. The steamer was
crowded with freight, most of which was
Captain Jacobs of the steam-schooner
Westport is a very sick man and cannot
go out on his vessel. Captain Petersen of
the Laguna will take his place for a couple
of trips and in the meantime the Laguna
will oe tied up.
The Oregon Railway and Navigation
Company's Columbia sailed for Portland
yesterday. There was more freight offer
ing than she could carry, but the passen
ger list was not as big as visual since the
rate war began. The cabin was just com
fortably tilled, while the steerage h id room
to spare. Travel is very l i^r lit at this time
of the year.
• The low rates have brought quite a num
ber of water-front thieves to tins city.
Owing to the recent decision of the Su
perior Court all have a right to go on the
wharves at all times. The thieves have
taken advantage of this fact and every
night this week articles have been stolen
from the Oregon Railway and Navigation
Company's wharf and the Pacific Coast
Steamship Company's wharves at Broad
way have also been raided. The Oceanic
Steamship Company and the Pacific Mail
Steamship Company have refused to recog
nize the orders of the court, and until an
injunction is sworn out they will refuse
to allow anybody except those duly au
thorized on their wharves.
The steamer Monowai, which sails to
morrow for Australasian ports, will take
out an enormous cargo of canned goods.
She will also have a full passenger list.
Among those in the cabin will be H. A.
Widemann Jr. The young man is a great
friend of the Princes? Kaiulani, ana as
she is expected to visit Honolulu in the near
future he wants to be home to welcome
her. Ramor has it that Widemann 'and
the Princess are engaged;
The sealing schooner J. Eppinprer cleared
for Japanese waters yesterday. She is tne
first or the fleet to cet away, and her own
ers expect to got the first chance at the
herd. Special inducements have been held
out to the crew. Sailors are to get 60 cents
each for every skin taken, and the hunters
are to get $1 50. After a hunter baa killed
alfl he will get $2 for every skin up to
200 and then $2 50 up to 250, and after that
the price is to be $3. Needless to say that
very few of the hunters will secure 300
skins. The Eppinger has a crew for nine
boats, ana the skipper says he will bring
"back a big catch.
The British ship Kelat, which left San
Francisco on July 22 last, was in collision
with the British steamer Cairnteck yester
iiay at Gloucester. The damage has not
vet been ascertained.
General Casin's tug, the Barclay Golden,
and Millionaire Slater's yacht Eleanor
both arrived at San Dieeo yesterday. The
former nut in for a supply of coal and the
latter for repairs to her propeller. The
Golden kept up steam all the time she was
in port, and as soon as the coal was put
aboard she sailed. As she had forty tons
of black diamonds aboard when she left
San Francisco the chances are that her di
rectors expect to be some time at sea. The
Eleanor ran into a floating pile on her way
down and lost some of the blades of her
A number of interested people are won
dering where the schooner Elwood is. Ac-,
cording to Captain Swan of the bark Theo
bald, now in port, the Elwood left Cook's
Inlet on September 20 last for Glacier Bay.
At the latter point she took on board some
mail and a number of miners for Seattle
or San Francisco. Since that time she has
not been heard from. The chances are
that the captain has gone halibut fishing,
and that he will turn up here in a few days
with a full load.
HELD FOR FORGERY.
Kayard Saville Will Have to Answer to
Bayard Saville, the ex-conyict and con
fidence man, appeared in Judge Joachim
sen's court yesterday morning for his pre
liminary examination on tnro charges of
The complaining witnesses were Wil
liam McCracken of the Lick laundry, on
whom he passed a check for $650 and A. L.
Young of Wakelee & Co.. druggists, Polk
and Sutter streets, who got a check for $75
cashed by the cashier of the Butter-street
Cable Company for Saville. The checks
were drawn on the California Bank and
purported to be sicned by Mrs. Theresa
Hell, widow of the well-known capitalist.
Mrs. Bell testified that she had no ac
count at the California Bank; that the
checks were not signed by her and that
THE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 11, 1895.
Saville was not authorized by her to sien
the checks. She denied that he had ever
been employed on her ranch lv Napa
McCracken and Young identified Saville
as the man who passed the checks upon
them and the Judge held him to answer
before the Superior Court on both charges
in $2000 bonds on each.
GEORGE GIBBS' WILL.
A Few Small Bequests Left to Friends
Are the Only Ones Men
The will of George W. Gibbs was filed for
probate on Monday. His property was
nearly all distributed before his death, and
so he had but little to leave by testament.
The will is holographic, and reads as fol
I, George William Gibbs, of the City and
County of San Francisco, State of California, of
sound'and disposing mind and memory, but
ciinscious of the uncertainty of life, make, pub
lish and declare this my last will and testa
ment in manner following; that is to say:
First— l revoke and annul all other wills
heretofore made by me.
ociond— l give and bequeath the sum of $100
to each child of Marie Louise Hastings, a
widow now residing in London, England,
formerly of- San Francisco, and daughter of
Sarah Maria Gray of San Francisco, Cal. ; and I
give and bequeath the sum of $100 to each
child of every deceased child of said Marie
Louise Hastings, if any.
Third— l give, bequeath and devise all the
rest, residue and remainder of my property,
real and personal, to my dear wife, Augusta
Jane Gibbs of the City arid County of San Fran
cisco, State of California.
Fourth— l nominate and appoint said Au
gusta Jane Gibbs of San Francisco, State of Cali
fornia, my executrix of this my last will and
testament, and desire that no bonds or security
be required of her.
In witness whereof I have hereunto signed
my name at the City and County of San Fran
cisco, State of California, on this HOth day of
January, A. D. one thousand eight hundred
and ninety-four. Gkorge William Gibbs.
WROTE THE WRONG NAME
How a Careless Act Rendered an
Otherwise Good Will
A Point in Probate Law That Caused a
Split in the Supreme
A peculiar point in the attesting of wills
has been decided by the Supreme Court, a
point moreover wtiich has caused the Su
preme Judges to stand four to three in up
holding the ruling of the lower court ap
The facts were as follows: The will of
Ozias Walker of Butte County was written
by C. G. Warren, testator's attorney, and
was executed in the presence of Warren
and H. C. White. The requirements of
the code were complied with in all respects
except that Warren, in signing his name,
wrote C. G. Walker, his own initials and
the test ator's surname. "Upon this show
ing the lower court refused to permit the
will to be probated.
Judge rienshaw wrote the opinion
Which sustained the ruling of the '.oarer
court, and Harrison, Temple and Beatty
j concurred. Justices McFarland, Gar
outte and Van Fleet wrote dissenting
The point of Justice Henshaw's opinion
was that the right to dispose of property is
I not an inherent right, but one obtained
from the Legislature, and that to take ad
vantage of the right thus conferred all the
requirements must be scrupulously com
plied with. It is held that as the law has
prescribed that wills shall be witnessed by
the witnesses signing their names, it can
not be concluded that any other form of
signature will do. "As well," the Opinion
states, "could it he said that the require
ment of the attesting witnesses is not man
datory, and that the will, having been
duly attested by one witness, should have
been admitted to probate. In the absence
! of any will the laW makes a wise, lib
j eral and beneficent distribution of the
; dead man's estate, so wise indeed that the
! policy of permitting wills at all is often
gravely questioned. When a will is proved
every exertion of the/court is directed to
giving effect to the wishes of the testator,
but in the proving of the instrument the
sole consideration before the court is
whether or not the legislative mandates
i have been complied with. If not, then the
I law makes the will, and it Is often a better
one, embracing a more equitable distribu
tion of his property than that which the
I deceased attempted but failed to execute."
Judge McFarland in dissenting held
i that there had been sullicient compliance
with the formalities prescribed by the
code. The signature written by Warren,
he held, would have been passed on any
other instrument, and should therefore be
allowed on a will. To allow a will to be
defeated by the careless or intentional mis
spelling of a name. Justice McFarland
thought, would lead to creat abuses.
Justice Garoutte thought Juctice Hen
shaw's opinion too technical. He thought
the right to dispose of property is some
thing more than the mere grace of the
Legislature; it is almost an inalienable
right. P'urther, he held that as it was con
ceded that had Walker signed "Warren"
to his will by mistake it could not have in
validated the will, he could not see why
the mistake of Warren should destroy the
document. Justice Van Fleet also wrote
a dissenting opinion, but the decision of
the four Justices prevails.
William H. Millg Still Haa Full Charge
of All Negotiations.
William F. Herrin denies the report that
in future he is to take the place of William
H. Mills in negotiation between the South
ern Pacific Company and the State Miners'
Association relative to mineral land claims.
He explained the probable origin of the
erroneous report by stating that he had
simply been consulted as the head of the
law department of the Southern Pacific
Company, relative to the bills that were
to be jointly agreed upon for submission
to Congress by the Southern Pacific
Company and the State Miners' Associa
tion. Continuing Mr. Herrin said :
"The company has every disposition to
agree upon some plan that will be satis
factory to all parties. We want the mineral
lands segregated as soon as possible."
FEDERAL COURT CALENDAR.
UNITED BTATES CIRCUIT COURT.
Southern Pacific et al. vs. Board of Railroad
Commissioners; motion of Government to in
tervene granted ; order to show cause continued
to January (>.
No calendar for to-day.
UNITED STATKB DISTRICT COURT.
Cnited States vs. Howell; motions of de
fendant to compel to elect on certain counts
denied; motion of defendant to dismiss as to
certain counts denied, except as to count 10,
which was granted; defense opens.
For to-day— United States vs. Howell; de
fendant to testify.
♦ — • — •
French Kindergarten Bazaar.
A novel entertainment for the benefit of a
charitable organization will be held at the
headquarters; of the French Christian Union,
1518 Clay street, on the afternoon and evening
of Friday and Saturday. On both afternoons
there will be Guignot and French kindergarten
exercises, and children's booths, to which the
Girls' Needlework Club and the Boys' Manual
Training Club will contribute their handi
work. A special feature will be the soiree
musicale on Friday evening, when artists and
amateurs recently from Europe will partici
To-day we make a complete display of al
bums, toilet cases and traveling sots. Every
thing good. No job lots. If you want to shop
in a large, light, clean store, where there is
nothing but new goods, up-to-date styles, give
us a call. Open evenings. Sauborn, Vail &
Co., 741 Market street. •
THE DOOM OF DURRANT
Sinister Death Warrant That
Awaits Judge Murphy's
BORDERED IN SOMBER BLACK.
- ■ -
It Will B3 Signed To-Day if a Writ
of Probable Cause Be Not
The death warrant for .Theodore Dur
rant is now ready to be signed by Judge
Murphy. This will be done to-day, and
unless a writ of probable cause is allowed
to-morrow evening will see the prisoner
within San Quentin's walls, close shaven,
arrayed in the motley garb of the convicts
and looking for the Supreme Court to res
cue him from the shadow thrown by the
gruesome warrant which goes with hira.
The warrant itself is artistic, but'the
black borders, the black ribbons, the black
seal and the somber import of its resound
ing legal phrases, all combine to make it
TIIE DEATH WARRANT FOR THE EXECUTION OF THEODORE DURRANT,
NOW READY TO BE SIGNED BY JUDGE MURPHY.
an object of fascinating horror, impelling
one to read its words while he is repulsed
by their pitiless import.
To-day, when it is given to Judge Mur
phy to sign, he will fill out the blanks for
the day and date of execution. Should a
writ of probable cause be granted the war
rant will not be served and Durrant will
not leave the jail, but if the writ be re
fused the power of the sinister parchment
will be put into effect.
Following is the text of the warrant:
In the Superior Court of the City and County
of San Francisco, State of California, Depart
ment S, Hon. I). .1. Murphy. Judge.
The ivople of the State of California vs. Wil
liam Henry Theodore Imrrant, convicted of
murder in the first degree.
The People of the State of California to the
Sheriff of the City and County of San Francisco
and the Warden of the State Prison at San
Quentin, in the county of Marin and Slate of
Be it known that the defendant, William
Henry Theodore Durrant, was duly informed
against by the District Attorney of the City
and County of San Francisco, State of Califor
nia, by an information duly presented and filed
in the Superior Court of the City and County
of Pan Francisco, State aforesaid, on the 22d day
of May, A. D. IS.)), charging said defendant,
William Henry Theodore Durrant, with the
crime of murder in the felonious, unlawful
and premeditated killing, with malice afore
thought, of one Blanche Lamont, a human be
ing, on or about the '.id day of April, A. D.
1895, at the said City and County of Sau Fran
Be it known that on said information the
said defendant, William Henry Theodore
Durrant, was arraigned and pleaded "not
guilty" of the offense charged in said informa
tion, "and subsequently on the Ist day of No
vember, A. D. 1895, the defendant, William
Henry Theodore Durrant, was duly tried on
said information in the Superior Court of the
City and County of San Francisco, State of
California, and found "guilty of murder in the
first degree" by the verdict of a jury duly ac
cepted, impaneled and :«worn to try said de
fendant, William Henry Theodore Durrant, on
the said; information, and his plea of "not
guilty' interposed thereto.
Be it further known that on the 23d day of
November, 1805, the said accused, William
Henry Theodore Durrant, duly made a motion
for a new trial in said cause, which', after due
consideration by the court, was on the tJthi day
of December, A. D. 1895, denied.
And be it further known that on the 6th day
of December, A.D. 1895, the Superior Court of
the City and County of Ban Francisco, State of
California, duly rendered a judgment upon
said conviction'and upon said verdict against
said defendant, William Henry Theodore Dur
rant, to the effect following— that is to say:
The judgment of the law and the sentence of
the court is that you, William Henry Theodore
Durrant, be taken hence by the Sheriff of this
City and County of San Francisco and by him
detained in close confinement in the County
.Tail of said City and County, and within ten
days from this date the said Sheriff is ordered
and directed to deliver said William Henry
Theodore Durrant to the Warden of the State
Prison of the State of California, at San Quentin,
in the county of Marin, and after such delivery
to said Warden that you, said William Henry
Theodore Durrant, be kept and detained in
said State Prison at San Quentin, by the War
den thereof, in close confinement, until such
day as shall hereafter be designated and fixed
in the warrant of execution to be issued
therein, and on the day so designated and
fixed in said warrant of execution and be
tween the hours therein named, that you,
William Henry Theodore Durraut, for the
Willful, deliberate and premeditated murder of
Blanche Lamont, of which you have been
duly convicted, be by the said Warden of the
State Prison aforesaid, and within the walls of
said State Prison, hanged by the neck until
you be dead, and may God have mercy on your
Now, therefore, you, the said Sheriff of ihe
City and County of Ban Francisco, are hereby
required and commanded to take the said de
fendant, William Henry Theodore Durrant,
hence to the State Prison of the State of Cali
fornia, at San Quentin, in the county of Marin,
and State of California, and deliver him with
this warrant into the custody of the Warden of
the said State Prison at San Quentin in the coun
ty of Marin, State aforesaid, and said Warden of
said State Prison aforesaid is hereby author
ized and directed to take and in said prison
keep said defendent, William Henry Theodore
Durrant, in close confinement until the execu
tion of said judgment of this court, and that is
on the day of , 1896, between
the hours of sunrise and noon of said
last-named day and within the walls of said
State Prison, the said Warden execute the judg
ment of death so as aforesaid by the court ren
dered against said defendant, William Henry
Theodore Durrant, upon the conviction of mur
der as hereinbefore stated, and hang the said
defendant, William Henry Theodore Durrant,
by the neck until he shall be dead.
Done in open court this OUi day of December,
A. D. 1895. D. J. Murphy,
Judge of the Superior Court of the City and
County of San Francisco, State of California.
Attest: C. F. Cvrry,
County Clerk and ex-officio Clerk of the Supe
rior Court in and for the City and County
of San Francisco, State of California.
The warrant is the work of Benjamin F.
Jones, one of County Clerk Curry's depu
LINCOLN EVENING SCHOOL.
Efforts Are to Be Made to Consolidate It
Out of Existence.
There is a prospect of a lively meeting of
the Board of Education to-night, when the
matter of consolidating out the Lincoln
Evening School will come up.
The board has decided that economy to
the last degree is the only way to meet the
salary demands for the present year, in
cluding the amount deducted from the
salaries of teachers during October last,
and efforts are being made to bring the
matter to a focus. Principal McDonald of
the Lincoln School has been asked for
statistics regarding his losses, and his re
ply will probably be the basis of the move
ment to abolish the evening school. The
matter will be bitterly contested, for Di
rector Barrett has declared that he is
against any interference with the school
first, last and all the time, and will fight
the case before the open board in case any
effort is made to abolish it.
TWO MAY BE INDICTED
Perjury and Bribery Alleged
Against Some of Howell's
Connection of N. C. Hanscom and C. D.
Harsin With the Case Being
M. D. Howell himself is to take the
stand to-day in the United States District
Court. Attorney Campbell will probably
call him as the first witness for the defense
Mr. Campbell made a strong effort yes
terday to have thrown out of court certain
counts of the indictment upon which
Howell is being tried for passing counter
feit money. To allow the contending
attorneys to settle the matter Judge .Mor
row dismissed the jury for the occasion.
The first attack on the indictment made
by Mr. Campbell was his motion to have
the Government compelled to choose
which one of the three first counts it
should stand upon. They relate to How
ell's receipt of the box of $180 in counter
feit money sent from Marsh to Stockton,
and respectively specify dollar, half-dollar
and 25-cent pieces, in the technical
language of the document. Mr. Campbell
contended that only one transaction was
alleged by them and that the Government
had no right to split it up into three parts.
This motion the court promptly denied.
His second motion was to compel the
Government to elect to stand upon either
the counts involving the passing of paper
or those relating to the bad coins. Counts
8, 13 and 14 refer to the counterfeit paper
money. Mr. Knight contended that one
involved the other in the offense charged,
and the court took this view also.
Finally Mr. Campbell moved to dismiss
as to counts 8, 9, 10, 11, 12 and 13, claiming
that the testimony of the prosecution as
to each was not sufficient. One witness
for instance, Ira B. Ladd, had not been
able to say whether the bills were green
backs, treasury notes, banKbills. or what
they were in the currency line. This the
court denied, except as to count 10, which
be allowed to be dismissed on the ground
that Witness Henry Longer had testified
that, he was not positive whether the
money given him came from Howell or
not, or whether it was counterfeit or not,
and his testimony had been stricken out.
The plea of the defense was then out
lined by Mr. Campbell. He spoke for
In substance the defense is that if How
ell had counterfeit money in his posses
sion and passed it, he must have got it
from Murray when the latter paid him a
debt of $40. Mr. Campbell said Howell
had received several bills in this transac
tion, and for all the defendant knew they
may have been of a doubtful nature. The
Harsin story that the money sent to
Stockton was for Matt Jones and not for
Howell was reproduced. Harain had
sworn on the former trials that he had
seen Howell hand the money to Matt
Mrs. Howell would also go on the stand
in behalf of her husband, said Mr. Camp
bell, and swear that it was sne who found
the "Dear Matt" letter, and that she
would tell how she happened to find it.
Tnis letter March pronounces a forgery.
It has been represented that it was written
by Marsh to Matt Jones, and it read like
Dear Matt: Things are getting pretty hot
here, and we'll have to get under cover, and
nobody will suspect you, because the was
sent through that fool H. Feed.
Marsh says lie never met Matt Jones un
til last Friday.
The Harsin story, which was the par
ticular defense of Howell on the two
former trials, and which Matt Jones is
now personally present to contradict, has
caused a very unpleasant turn to be taken
in the case so far as two of Howell's wit
nesses are concerned. An affidavit has
been made that C. D. Harsin perjured
himself for a promise of $1000, and that he
received $500 in cash as part payment for
his testimony. The matter is in the hands
of the Federal Grand Jury, and an indict
ment is expected against Harsin, who is
nobody knows where.
The peculiar connection N. C. Hanscom,
late of Modesto and formerly of Stockton,
has had with the case is also being inves
tigated. Hanscom swore that he once met
Matt Jones on a street in Stockton ; that
the latter proposed to him that they go»
into the "queer" business together, and
that Jones had bad money in his posses
It is charged against Hanscom that he
was mixed up with Grant Howell in the
spiriting away of Laura Welks, Howell's
domestic, who was to testify against her
employer on the first trial, and that $5000
was devoted to that piece of work. Grant
Howell's whereabouts is unknown, and
so isHanscom's just at present. Hanscom
is to be subpenaed by the defense.
A brother of Hanscom, S. L. Hanscom,
was editor of the Modesto Herald. There
has been a great deal of gossip about the
two Hanscoms around the Appraiser's
Two indictments were reported by the
Federal Grand Jury yesterday and placed
on the secret tile, but the rumor that they
were for Harson and Hanscom proves to
have been unfounded, as one is for a de
faulting postmaster of a small postoflice,
and the other for a timber land trespasser.
Jones, Marsh and Murray will all be
used to upset Howell's defense. The
statements of Marsh and Murray are to
the effect that Howell himself bought the
box of $180 counterfeit money sent to him
at Stockton from this City through Wells,
Fargo & Co.'s Express May 19, 1892, and
that he bought it direct from them. They
exonerate Jones entirely.
A visit to our store
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that we have the best
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NEWMAN & LEVINSGN,
125, 137, 129, 131 Kearny Street,
BRANCH STORE— 743 and 744 Market
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MONDAY .NEXT-MR. DANIEL SULLY.
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WAXiTKK MOROSt'O, Hole Lessee and Manager
THIS EVKNING AT EIGHT. :
America's Representative Player and Playwright,'
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"A SON OFJTHESPIS
JiVKNiNo Pjicb- 25c and i 503.
v^S' V Family Circle and Gallerr. 10c. ..
| . Usual' Matinees* Saturday and Sunday.
With each pound is given a
100 Varieties to Choose From
THEY ARE GEMS
Great American Importino; Tea Co.
New Store S^JKfdiih
f 140 Sixth st.
965 Market st.
333 Hayes st.
1419 Polk st. .;
521 Montg'y aye.
2008 I illmore st.
fitv StnrA« 1 3006 Sixteenth st.
Illy iMOICS. ] 2.-.10 Mission st.
218 Third st.
101 Second st.
Gl Kearny st.
146 Ninth st.
13259 Mission st.
f 1 053 Washington
ftaHiTw! ) 917 Broadway.
ill IKi. \ 131SaiiPabloav.
(CIGE. Twelfth st
Al<lltl<wl<] (Park st. and
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Headquarters— s3 Market St., S. Y.
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Adequate Scenic and Electrical Environment-
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Seats To-morrow (Thursday) i
for the 2d Week of "1492."
GET IN I.INE EAKIiY.
THEATRE I PROPS.
Robert I 3>J"Ha"a-:
SITI"ORTED BY — ;
A Large and Powerful Company.
and Sat. Mat.. V/ 1 I ILrLrLV/i
Thursday and Sunaay.. The Gladiator
Friday... In eromar
Saturday „ Julius C'iesar
Xext week, second and last of
Robert DOWNING '• HELENA!"
"Wednesday Pop" Matinee To-Day !
AT 2 P. M.
LAST BOOK SOUVENIR MATINEE.
Ice Cream and Cake to All.
LORD AND LADUHOLTO DOUGLAS
"AN HONEST GIRL"
"LiITTIjE JOIIZXT Xj."
MATINEE PRICES-lOc, 15c, 25c.
Night Prices— lOc, 15c, 25c, 35c, sOs.
31 onday— "STREETS OF NEW YORK."
Mbs. 1-KNicsj jn Kbki.ixu .Proprietor & Managac
EVERY EVENING THIS WEEK.
WHlocker's .Romantic Opera,
Presented in a Careful Manner.
Yon Suppe's Famous Military Opera, '
"PATI3XTITZA. !"— —
Reappearance of ALICK CARLE aa Vladimir.
LOOK OUT FOR "1XI0N!"
The Most Gorgeous Holiday Spectacle
Popular Prices— 2sc and sOc.
O'Farrell Btreet, Between StocKton and Povval!.
TO-NIGHT AND DUKING THE WEEK,
A GREAT ALL-STAR BILL!
MORE NEW PEOPLE !
HILL AND HULL,
UNRIVALED STELLAR COMPANY
Reserved seats, 25c: Balcony, 10c; Opera cnaln
and Box seats, 50c.
AFTERNOON AND EVENING.
THE ONLY THING TO DO
IN THE CITY IS
SHOOT THE CHUTES
__ ON — —
Haight St., near the Park
CONCERTS AT 2 AND 8 P. M.
ADMISSION 10 CENTS.
— — -or THE
California State Poultry Assn.,
December 11, 12, 13, 14, 15, 16 and 17.
Day Admission, 50c; Evening, 25c.
FIVE OR MORE RACES DAILY.
(RAIN OR SHINE.)
FIRST RACE AT 2:00 P. n.
j Take Southern Pacific trains at Third and Town-
send street Depot, lea%-ing at 12:40 and 1:15 p. m.
Fare for round trip, including admission to grand
stand, $1. Take Mission-street electric line direct
to track. ■
A. B. SPBECKELS, W. S. .LEAKE,