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GARNESS AND ARNOLD
A Sensational Statement of Their
Coacssl Claims That Arnold Acted in Self-
Defense and That the Circulars Had
Unsettled His Kind.
When t!:e Arnold ease was resumed In Judge
Murphy's court yeßterday mornluß tbe Judge
excused tbe jurors not on the trial panel until
Wedue«day next. Mr. Delmas stated, however,
tbat the case would probably consume all of
Tie nut witness was Polio* Officer Whalen. to
w liooi Arnold was turned over by Cnenoweth
just ; tier the snooting. Be was asked wh»t
Clieuo*etb bad said to him at Hie time, but au
objection by ilia defense iris sustained. ;
.1 ■■f.ii Clieoowetb tbcp entered the court- room i
euduas recalled to tbe stand. He denied most
emphatically tbat be bad told Officer N ash that
ttieie »a» but oue pistol In tbe room.
■ ':i cross-examination, be was positive In aj-
■) iini; that It could uot have been a castor or a
spUlooa against wliicn be struck hts loot In
Boom 4. Was po-Hive tbat it was a pistol, and
bad so totoimed CapUiu Lees subsequent to tbe
THAT MYSTERIOUS PISTOL.
Officer "Wliak n was men recalled aud testlGed
tlial when be took Aruold into custody Cbemi-
eili gave blm a pistol, aud wben asked I! there
was ar.otner stated tbat ttiere was not.
Charles Huberts, slepbrolher of Uarness, in
formed the jury tbat Uie deceased owned a pis
tol, but never cariied It. Witness saw it in tne
wait! lube on tbe nlgUt o! tbe tragedy.
Fiaiilt Koberts, another stepbrother, corrob
orated (he evidence of his brotuer Charles.
A iccess was tben taken until 2 o'clock.
\\ hen court was called iu tbe afternoon Allied
Robert*, a tl.lid sifi>biotlier of the deceased,
I ok the planet ana tes.ilied that Garuess Kei-t a
pistol lu tli-- bottom of the wardrobe. Wben he
returned fioui the Morgue he went upstairs wilb
l.is bioliiers and saw tne pistol In tbe Oraw-r
wbeie .1 v,us kept. He noted the number and
lileuUlieJ a pistol shown tiiut by Ibe proseeutlon
a- the oue been In Hi • diav.fi.
I On cross-examination he was asked wby he
took Doilceot tbe number, and slated that It was
btc»use lie believed it would some day come up
STATEMENT FOB THE DBFEKBX.
Atloruty Wilson then made the opening state
meut tor tbe defense. He s.tla in substance:
'•l'be duly has lovulved upon me of slating lo
you the facts which we expect to prove. l siiall
l<e as ti.ief as possible, couslsleul v>iid the lni
rottauce of tbe case. We are beie to present a
lull, lair aDd impartial statement of the facts
which led uu to the shootinc- We do not a§k for
mercy, but we do a>!i for justice at your bauds.
"We pioposeto st.uw you first, gentlemen, that
Uits uefeudant does not belong to th.it c!ms
l -!;;t!;y termed criminals. But on the contrary
lie has been a cousiderate open-heai ted
luiii!. aud one of the builders of the great State of
caiiiuiul.t. vse propose to show by scores ot
prominent citizeus, who have begged to come to
this coun-ioom to testify lu lim behalf,
that lie was a man of excellent stand
ing in the community In wbicb be lived.
V\ e will show you th.it Uie defendant came of an
bonotab'.e family in l'aris, Ky., wheie his father
*i- [or many years au officer of the court,
iu 1857 be came to California, settling in Solano
<x>uui> and later on removed to Lolu»a. Iu lt>ti«!
we lind him working for wages as a. larm-haud,
aud by the close of tbe War of the rebellion he
Had succeeded lu saving $2000, which be sent
bacx tohisoiu Kentucky borne lo aid bis aged
Diotl.er in her dt-'c!:niniE yeais. With varying
loi tunes be continued to temain 1n Lolusa until
1875, »beu. by an overwhelming majority, he
was elected Sberitf of the county, in which ofllco
lie retnmined for lour years.
" And now, gentlemen, 1 will revert to an event
wmcu may piuve of material Importance. In
1872 lie was married toMiss£lla iSlunt aud in
1&74 ilieir nrst child was born. lu 1878 another
Daughter cauie to add to their happlrjeis. I
eutei upon tins pait of my gtateuieut witii re
luc-auce, for 1 am lorced to plctuie a character
rcvoii In its detail). I regret Ihdl lam lorced
to expose the private character of the bold, reck
lets cruel man wbo met a deserved dealb In this
city ou the 301b of Jauuary last.
A MEETING WITH GAKNESB.
'About thiee years ago Mr. aud Mrs. Arnold
weie in Los Aueeles, and while at tba hotel tbey
lufst-U oue day, Id coming Irom the dining-room,
a young man of stylisb ai.peaiai.ee. wbo ap
pioached aud was luiroduced by Mrs. Aruold to
her hu*baud. Ttils was the defendant's lirat
meetinu with Samuel W. Uarness. In 1888— In
Jauuary, 1 Uiiuk— Mr. aud Mm Ainold took a
bouse ou Uoiden (Jate avenue, lo this city, wheie
they lived quietly aud bapplly. Iu October of
the name year they concluded to return to Co
lusa. Tbey bad been there a few days wben, on
ihe street, Mrs. Arnold met Uarnctis, wbo iiap
l>eiie<l to be theie ai the same time. .Nothing irn
lmi : jut mai ked tbe uieeilup. Ou the J :ith of Oc
tober the Arnolds lelurned to ban Francisco,
aud, l>> a tliauKC coincidence, Uarness was ou
tin train. The trip was a pleasant one. About
the i-3u of October Mr. Ainolu went again, and
Hlone, to Colusa, remalnlog four or five days, and
on luluining home found bis wile in a hysteilca!
minion. Clutched In her band was a docu
ment, M.e banded It lo tier husband without re
mark, ana be read It."
Attorney Wilson here attempted to read tbe
ciiculai, which Uie Judge refused to allow biiu
A 1-i.EA OF ISSAHIV.
Continuing, Mr. Wilson said: "We shall show
that ibis clicular, which I am not allowed to
read, had a disastrous ellcei upon the mind of
"On Uie3litof October, two gentlemen called
at the house of Sir. Aruold in this city and
a-keil lo see blm. 1 hey reported tliemselvei as
l.xdiiiiiuM reporters, aud a-k -d about the clrcu
lui, a coiy ol wnlcu. they stated, had been sent
to liieii office. We will hhow that they were not
it'M'teiH, as claimed, hut that on tue following
day iheie appeared a «burt article Iu the Jtxain
iuer uiviiiK the subitauce of the clicular. Ihe
delaudaal ihen weul again to Colusa, and afler
remaining theie two days, theie came tbrough
t hi- mails to blm and to other residents of
• ■ ■,-ii a most InfKinous document, which I can
uui now read. This document was received by
rwi-niy or tnlity ol the best people of Colusa.
'1 in-, document, gentlemeu, seut us It was to tils
fi lends, had au inde»ciibable ettect upon Mr.
"A lew days later Samnel W. Uarness dropped
luto Colusa and condoled with Mi. Aruold, vol
uuleriiuii bis assistance In tracinic the author
ship of the circular. We will show that Mr. Ar
nold b«lieved tbe falsehood uttered by Uarness;
tbat his iniud was in an awful stale and tbat be
could not eat nor sleep; that be came at leugui
tu the conclusion that the guilty oue was a Uind
"Mi. Green of the Coluga Sun suggested to
Mi Arnold hat Uarness was the auiuor of the
circular. Mr. Ainold then wrote lo Mr. Selkeik
■ of tins city to ascertain what kind of a man Uar
uess was. Mr. Beikerk mistook the name for
Uraune*s, ageuileinan of good standlnic In Ibis
CUV. and luformtrd Mr. Aiuoid that lie was a
repu able man. Tbl» disarmed his suspicious of
"In December, 1888, another circular came
tbiougb (be malls. It was uioie Infamous than
the first. Uarnesa went to Ainold and assured
Ills fiiwidsbip and sympathy.
"In Kaptember, 1889, a thud clicular, wbicli
comnkied wllb tbe others was inlamously in
famous, came, aud eveu bis daughter's name was
.diagt-ed luto ibis. The circular was cliculated
auouymoualy lu coluia and .San i'muclsco. Iu
l<«cHmb i, 1889, alter the Issue of the third cir
cular Ibeie came lo Mr. Aruold a marked copy
of the I'ost, which contained a resume of the cou
teslsj ol inese circulars. Iu October a letter was
. i'-celved by Mr. Arnold fioni Mr. Ward of the
Examiner, who was a fu«nd of Uarneos, saying
that the latter, irelng a copy of tbe clicular In
their voice, used bis lutluetice lo pieveut Its uub
iicatiou. Uarness would go occasionally to
l/olusa, and uow and again Arnold would come
to bau Francisco. Accidentally lb«j would meet,
•oaruess would Invariably reveil lo tbe lubjeot
until »t ■npth Arnold was compelled to say:
Uarness, for Uod's sake stop talking about this
thine or you will drive me cra2y. I dou't want
to bear any more about It.'
"This went on until December 31st, when an
other circular came, as did tbe others, throuL'h
the mall. This we will introduce at the propar
time. On Januaiy 10th Mr. Ainold came lo Sau
Jranclsco aud met a man named Miller, whom
he asked il he knew yet who the authoi of the
circulars was. Miller asked: ' Have vou never
thought of Uarmss?' Mr. Arnold replied tbat
he bad not, und stated that Uaiiiesi) was his
f i lend. lie as.ed of Miller what possiblo object
Garuess could have. Miller answered lilm that
It was a delicate subject, but he would nay to
Mm tbat Uarness wanted bis money and his
THE OCCIDENTAL MEIiTTNO.
"Shortly after this Arnold met Ward and Gar-
Den In the Occidental Iloiel, but nothing was
said about the cuculars. Uaruess had told Ar
nold that be had had It from Ward that Arnold's
duuehtrr. wbo was at Mills Seminary, was In
the hab It of coming to San Franslaco aud re
maining over ulguu Ward then denied that he
bad made such a statement, and Arnold told
Uarness that he believed be had lied.
"We will show tbat at tills time Aruold had no
pistol in his overcoat pocknl aud that ii was his
custom when talking to carry his hand in tbat
"To continue, however, Arnold returned to his
home ou January 12tb, but Immediately emim
back to San Francisco In answer to a telegram,
and learned from Mr. lienuett that Ihe Septem
ber circular bad been mailed at the Sacramento
depot. W bile walking on the street iio met Uar
ues*. who asked him to takeadriiik. Ainold
declined. On the followiug day he went to Ctir
tin, the detective, aud had a consultation. This
was on the 30th of January. We will show, you
what must h.ive beeu the condition of his mind
at that time. From Cuitiu's oflice he walked
up Market street and again met Uarness. In
stantly It flashed upon him tbat be would have a
talk with u«riie«*. Uarness aiked Ainold in to
drink, ana led the way to one of tbe back rooms.
What occurred there we will prove to you, aud
show, too, what the condition of Arnold's miud
was at luat time.
AUTHOR OF THE CIBCULAKS.
'•Oenilenieu, we will prove to you by undis
puted testimony that tbe author aud dissem
inator of ihose circulars was Samuel W. Uar
ness, and In that loom in tbe reeiless saloon he
confessed it. Aftt-r they were s-ated Uarness
referied to the clrculais, and Ainold said to him:
•Garness, you wrote ib'.in. MUler told me so,
aud I believe it.'
■•At this polut we will prove that Garness
always carried a pistol, and on seeing that be
was cornered made u confession and put bis
baud back to draw a pistol. Arnold was too
rjulck for him and shot blm four times. The
hi si shot, gentlemen, was uudoubtedly the one
which struck Uaruess In th^ chest. We will
tiieu Move lliai Garnesa tben drew his pistol,
but betore he could use It the second ehot strucK
him In the wrist. He dropped his pistol aud
stooped tc pick It up. Then il wss that ilia
third shot struck liim in tue back and raueed
"In addition to all this we will put tinoa the
stand the printer who got $u for printing the
citculara, aud Ui« two boys whose business It
was tu set up ibe type liom winch ibey we. i
printed. \V» will also put upon the stand tbe
man to whom Uarue«s paid $30 to write aud
distribute llj* circulars. We will then allow to
you il, at Uarnest ofleied to pay an Examiner
reporter (300 if he would secure a place ou iho
Chionlcie and have piii.ted In thai paper a seu
sattoual Item Involving certain people in Colusa.
Tben be said to this reporter, *Uo lo C'olusa and
tell ttem that you repieseul the Chronicle. Tell
Ureen that you are investigating a social sensa
tion and have sufficient wril<eu to prove to their
satisfaction tliaiyou are lelliug the liutli. Uo
this aud you will nnd tnat Aruold and old Uog"s
will cunie to you aud oiler to buy you ofl as ttmy
aid that ileaui. Demand $5000
for your silence and don't lake a ceul leis.'
A CONSCIENTIOUS REPOUTEB.
"More thau ibis we will establUb that Ward
ieul a reporter lo Uarness for the material
wbicb was aflerwaid published in the Evening
I'osi, aud ttiHl ibe reporter r fused to touch it.
saying: 'I wonlda't write tbat thing up for $500.'
That Uarness said to a Chronicle reixirter: * I
will have Ms (meauitig Ainold) money and his
wile, or 1 will have his life.'
••We hope to prove fuither that Uarness said
to Miller tbut be would have ArDold's lile, aud
when cautioned to be careful he replied: • 1 al
ways go heejed, aud be'll uever gel the drop ou
This closed the statement, which occupied
aboul au boui aud which made a decided seosa
tion lu the court-room. ;
AK>(.'J.D OJf THE STAND.
L>. U. Arnold, the defendant, was the first wit
ness placed ou tbe siaud by the defeusr, aud
was guealioned as to his early liie, wlilcb ha de
tailed at a considerable lengib. l'irat met Gar
uess In Lo» Angeles, where they were luiroduced
to each other by Mrs. Aruold. Mel him after
ward in Sail ranclsco or Lolusa, but always on
Never invited him to nH home. In 1888, at
the suggestion of bis family physician, be re
moved tu San Francisco with his wife. In Oc
tober, 18U8, witness and bis wife went to Colusa
to see It be could secure possession of bis bouse,
wnlcb was occupied by a man named Jones.
Met Uainess In tbe stieet at Oulusa. Keturned
to San Francisco aboul tbe 19th of October aud
found darness un the train.
Made another trip to Colusa alone, and on his
return found Mrs. Arnold in a very nervous con
dition. Bhe made no leinaik, but handed him a
type-wrltien elicular. which be read. Witness
ldFolllled a circular handed him by bis atturuey
aa tbe oue referred to.
Judge Murphy asked that he be allowed to
read it before it was submitted, aud It was ad
mitted lu evidence.
Mr. Delmas then read It to tbe jury. It wa»
typewritten, ana contained a number of tbe
most revolting charges against the churacwr of
Mr*. Arnold. It waa of such a character as to
make 11 unlit for publication.
The deleudant, continuing, slated tbat be en
dexvored to console bis wife. He tola his wife
that If she wishi-d it they would remain lu San
Fmnclsco, but bis wlf« iuslsied on going.
On the 31si day of October two men represent
ing tliem-elves as newspaper reporters called at"
the defendant's house a-.d stated tbat liiey bad
come to see him about a circular which had been
ibiiit-d iu Colusa. Oue ol meui wiote bis
nameou a card, which deiendaul produced. It
bore the name ot "Jotiu Hill."
" One of tlitm said," continued Arnold, "that
they were sent to me by tje Kxamuier, which
had a copy of the circular. I told them I had
nothing to say; but If they iuteudtd publishing
It, It would be tu their advantage to be sure of
their facts. On tbe next day a small item ap
peaied In Ihe Examiner, relating to Hie circular."
After au objection on the part of the prosecu
tion had been overruled, the extract wa-> lead lo
Court then look a recess until 10 o'clock tbls
morning, when the case will be resumed.
KILLED FOU LIQUOK.
The Coroner's Jury Charg* Margot's
A«sailnnt With .Murder.
An inquest was held yesterday In the case
of J, C ilaruot, the saloon-keeper at 210
Leidesilorlt 9tieet, who died in St. Mary's
Hospital last Monday, from injuries re
ceived in a quarrel with rowdies in his
Frank Smith, a young hoodluu, wentlnto
Margot's saloon and demanded liquor,
which Margot woulil net give. The two
men fouebt and Margot received a clubbing
on tbe head. A verdict of death from acuto
alcoholism, superinduced by blows on tho
head from a club in the hands of Frank
Smith, was returned. The Coroner ex
plaiued that the verdict was correct, as an
Intemperate man's nerves are seriously
affected in nearly all cases by beating.
bmith, who is said to be a well-knnvrn
petty thief, was then booked by Detectives
liohen aud J. in sky on a charge of murder.
Ofilotr Httwes' Assallnot.
Teter McGratlt. who assaulted Officer
John M. Hawen Wednesday night, was In
the Police Court yesterday, but his case was
continued until Saturday. Ue was at first
said to be John P. McGrath, the marble
cutler, of 421J4 Stevenson street, but they
are different men in every sense.
JiKHTKi.iNfi bas the only reliable methods to
lit Ucfocttva slgl't. 427 Kearny mr»«t. ■
* THE MORNING CALL, SAN FRANCISCO, FRIDAY. MAY IE, 1890-EIGHT PAGES.
HIS BEST FRIEND.
NangktO&'l Trial for the Killing
of M. M. Herr.
The Prosecution Not Beady With Witnesses.
Beckleas Handling of a Pistol by
the People'! Ccuniel.
The trial of J. F. Kaughton for the killing
of Marcus M. Uerr was resumed before
Judge Finn and the jury yesterday. The
wife, child and mother of the defendant
were present, »9 was also the mother of the
deceased. During the day very little of an
exciting character transpired, the testi
mony given beinj; chiefly a repetition of
what has already been published.
The case opened by the Court taking
Kugene X. Dettprey, who represents the de
fense, to task for being late. Atter the
usual apologies made in such cases, A. Van
der Naillen was placed on the stand and
produced a diagram of the room in which
the killing had taken place, and which he
had made at the request of tbe prosecution.
The object of the diagram was to show to
the jury the exact position of the furniture
in the room and the respective distances be
tween tbe different pieces.
The diagram also showed the supposed
course of the bullet which killed Herr.
This measurement was placed on the dia
gram, the witness stated, at [lie request of
Detective Hogan.' This partof thedingrani
was stricken out, on motion of the defense.
Considerable wrangling took placo regard
ing the adniissibility of the representation,
aud it was finally withdrawn.
A perspective view of the room on the
night of the alluding was al>o introduced,
but the witness admitted that it would be
impossible to make correct meKSUieineuts
of the actual position of the furniture at the
time of the tragedy.
heis ccHiosinr was satisfied.
Mrs. A. Gottliebson followed aud testified
tbat she occupied Kooiu 20 in the Murpliy
Buildine on the evening upon whiCD lierr
was killed. She was engaged in reading a
paper about 7:30 o'clock aud heard a shot.
Shu started up, but before she could reach
the door at net mom she beard two mure
shots. She opened her door and saw
>'aughton come out of Itoom 11. She ran
to tins room actuated by curiosity and saw
lierr on the il.;or irying'to get up. She then
ran back to her owu room.
Dr. John McCosh testiUed that he heard
the shots, ran into Koom 11 and found
Herr in a dying condition. When he en
tered Dr. Daywalt and H. I. Brewer were
present besides the deceased.
L. IS. Johusun, after being swum, testi
fied tu being in Koom 11 and .teeiug lierr
on the Moor trying to rise. The witness
idtMitifind a desk us the one which was in
Koom 11 of the Murphy Building ou the
Digbt of the shooting.
il. O. Furniss, a switchman on the Market
street road, was nextcalled. He was in front
of the Murphy Building on the night of Feb
ruary 3U last and heard a shot filed at 7:21
o'clock, followed after a short intermission
by three others. A window in tlie Murphy
Building was raised and a man shouted
"Murder!" He only reuiuined at tho win
dow fur a few minutes and disappeared.
TIUS AKTEIINOON SESSION.
At the afternoon Bession of the court At
torney Vau Duzer called the names of sev
eral witnesses, none ol whom responded tu
the bailiff's call. Judge i'inn rebuked the
prosecution for not having its witnesses on
"I am not the Chief of Police," eaid the
Judge, "and ennnot manage tbe direction
of witnesses. That belougj to the District
Attorney's office. Ido uot waut any ex
l-iaiiati'jii. The prosecution had ample time
during recess to have its witnesses in court."
Officer D. .Mah 1 1 . y was next examined
and testified tbat he was passing in front of
the Murpliy Building about 7:30 o'clock,
when a man who culled lu in self NaughUiu,
came ud lo him, saying he wanted to be
taken in charge. He said, "1 have done a
little shooting. I have .shot my best friend."
The (Hirer asked him whom lie had shot,
and the reply was:
"Marcus M. Herr. I roomed with him in
WashimUou, and we were the l>eat of
"Why did you shoot him?" asked the
" Because I was placed in a position where
I could not get away, and had to either kill
or be killed.
"I men asked Naughton to go upstairs,"
continued the witness, "but he said that he
did not want to .see the man lie had shot.
The crowd was so gr'at around the build
ing that 1 thought it was best to get him
away, and took him to the police station.
(in the car i asked him if he had the pistol
with him, and he gave one to me. I did not
examine it at tbe time, but gave it to the
prison-keeper. An hour afterward I exam
ined it, aud fouua four empty shells in it
and one empty chamber."
RBCKLXSS IIAKULINO OF THK riSTOL.
The pistol was introduced in evidencn,
anil during the examination Axsißtant l>is
trict Attorney Love, In handling tlie weap
on, pointed it at the Court.
"Air. Ijove," interrupted Judge Finn, "I
dou't know whether that pUtol is loaded or
not, but 1 would prefer you would point it
In another direction. '1 he lite of the Court
is necessary for the continuance Of the
The witness concluded Ills testimony by
stating that on the car Nanghton acted very
nervously, and repeated that he had killed
bis best friend.
Attorney Van Duzer then offered in evi
dence the testimony of Lavis in the Police
Court, but the defense objected on the
ground that It is not official, that the Police
Court is not a court of record and that the
necessary diligence had not been taken to
find the missing witness.
The Court ruled that reasonable diligence
had been used to obtain the witness, but
that tbo Police Court testimony bad not
been properly authenticated.
Thomas Smith, messenger of the Morgue,
was called and testitird that be touk the
clothes off the body of Ilerr when brought
to the Morgue. The clothes were intro
duced in evidence and identified by the
witness as those which he had taken off
the body of the deceased.
When the bloody shirt was held up for
the inspection of the jury the female rela
tions of the deceased were considerably af
fected. The clothes were introduced In or
der to show by the holes in the garments
the position of the wounds.
NOTES OP THE AUTOrSY,
Dr. Estes, who had with him notes 'of
the autopsy mado by him, testified that he
found on an examination of the body three
bullet wounds— four and a half inches
from tbe top of the shoulder on the left
arm, which passed into tiie body; a second
in the left side, two and a bait Inches pos
terior to the axilary line, and a third on
the main joint of the little finger of the
left haud. The witness traced one of tlie
bullets to the root of the left lung. It pro
duced a wound necessarily fatal.
The cross-examination of Dr. Estes|will
take place this morning.
CRUSHED TO DEATH.
Thomas Clancy Run Over and
Killed by Sand-Cars.
Thomas Clancy, a laborer, who resided
with his mother at »240 California street,
was run over and killed by a ttain of sand
cars yesterday afternoon, about 5 o'clock,
at the corner of Point Lobos avenue and
Charles A. Warren, a contractor, hat
been engaged to grade the avenue in the
vicinity where the accident occurred, and
laid a track along the road for a distance of
a quarter of a mile. The track is on an In
clined road, and the earth is being taken
from the higher end to the lower terminus.
The cars, when loaded, travel down bill by
reason of the momentum acquired from the
grade, and it is said they have frequently
traversed the length of the track at a rate
of from ten to fifteen miles an hour.
At the time mentioned, two of these sand
cars having been loaded were started oil In
charge of James Laughlin, a young man.
who was ou the rear car attending to tlie
brakes. Near the crossing of Cook stroet,
Laughlin said, he slowed up to throw nff
two ties to a workman on the road. I!e
was standing on one side of the car
when he heard a woman 111 tne
neighborhood stream, and the first car
jolted, becoming uncoupled from the rear
car, and went dun 11 the hill at great speed.
The second car was thrown from the track,
and Laughliu was thrown out. Laughlin
upon regaining his feet found a man lving
on the track with his head badly crushed
ami his body mangled.
The man, who was Clancy, died twenty
niluutflj laWr, and his body was removed to
the Morgue. Laughlin surrendered himself
to the police and was charged with man
slaughter. He stated that while the train
was in motion he observed a man walking
by the side of thn track about 100 yards
ahead, who appeared to he under the inllii
encti of liquor, lie was on the opposite
side from which Launhlin intended to throw
off the tied, and the latter did not pay any
further attention to him.
Clancy had been working fur Warren in
South San Francisco until yesterday after
noon when he was discharged on account
of a suspension of the work. He visited
his mother a short time before lie was
killed, and said he would seek employment
from Warren ou the Point Lobos avenue
grading. Mrs. Clancy says her son did not
then appear to have h«en drinking. De
ceased was a native of California and 30
years of age.
BOARD OF HEALTH.
Nuisances and Needed Surgical
City Physician Yemans drew the atten
tion of the Board of Health at its meeting
last evening to the continued neglect of the
mnnielpal authorities to furnish him with a
few absolutely essential surgical instru
ments. Although ui iking repeated applica
tions, they nave been without effect. He
also suggests that the quarters formerly oc
cupied by the Sheriff in the old City Hall
be used as a waiting-room for the reception
of patients brought in by the uew ambu
Health Officer Keeney reported that the
back water of tbe Channel-itreet sewer is
flooding property from Ninth to Eighteenth
streets ana causing a terrible nuisance, on
which the city will be mulcted in damages
unless it is removed. A resolution was
adopted calling upon the Supervisors to have
tlio sewer dredged from Nimh to Seventh
streets, which will abate the nuisance.
A letter was received from Airs. M. A.
Keating thanking the board for thu reso
lutions adopted In memory of her husband,
J. M. Keating, late Superintendent of the
Upon suggestion of Health Officer
Keouey Block ltil, in Horner's Addition,
owned by George F. lieck, upon which a
pool of stagnant water stands, was con
\V. M. Hickman was elected apothecary
of the County Hospital to succeed Louis
\\ agner, removed.
The resignation of E. R. nolmes, an
interne, was accepted.
YOUNG MEN'S INSTITUTE.
Arrangements for the Mcoting or the
The Keception Committee for the Sixth
Grand Council for the United States of the
Youug Men's Institute met last evening in
the Flood Uuildiug. Joseph F. Smith was
elected Chairman and G. W. l'aterson Sec
It was decided to provide three different
styles of badges for use during the session
of the council— red and gold for the dele
gates, white aud gold for the visitors, and
blue and guld for the members of the San
Iranclseo iustitutes; the grand officers'
will be red, white and blue, and the Grand
President s will be worked in gold.
Tue following sub-committees were ap
Ou Hotel accommodations— J. J. Lynch, F. H.
\V T Asilen" Twol)lg> J# '••■Wk J - *"• Sweeney,
Ou transportallOD-J. J. Xwohie, P. J. Ilarney,
H°Kil<iut!f" 8 ~" L " V- Nerl9< J " J> Harrington, F.
n, The 1 f, ir «"lCouncU will be in session at
rJ? al P tlth DaU ln this clt y on August
4th, sth, lith and 7th. During that time the
member* from the city and visiting Insti
tutes will indulge in various festivities. On
the morning of the fourth they will parade
and in the evening of the same day will
have an entertainment in the Grand Opera
House. On the ovenlng of the fifth there
will be a promenade concert at the Me
chanics Pavilion, on the sixth a banquet,
and on the seventh mi excursion on the bay.
A Strange Disappearance.
Tlie police have been notified of the
mysterious disappearance of Clarence C.
Calkins, a contracting painter, who resided
st 10 Erie street. He left bit home last
Saturday afternoon to viait a real estate
dealer at the corner of Ridley and Guerrero
streets, from whom lie received $:w, and ho
lias not been seen since. His wife, who re
ported his absence, says he is a aian of
strictly temperate habits and seldom left
his home unless in her company, lie Is 31
years of age, 5 feet <i inches in height and
has black hair, which Is very thin in front.
He also has a black mustache. On the day
he disappeared he wore a brown sack coat,
which contained red stripes and white dots,
ills hat, a stiff black one, was spotted
ACROSS THE BAY.
Flans for a Rcdirision of Oakland
Foresters is Eeasion-A Sayittr Trick Prac
ticed-Another Birth of Triplets— The
Two plans for a redivislon of the city of
Oakland into wards have been prepared by
the County Surveyor to be submitted to the
City Council. The division contemplates
giving each ward about 1240 voters, in the
first plan the division will be as follows :
First Waid— All lhat territory south ot Tenth
street and west ol Adeline stievi.
Second Waid— All that terriiory north o( Tenth
street and west o( Adeline street.
Mr Hi Waid— Bouuded as (oilows: On the uorth
by tbe charter line, east by Brooklyn Tow nshiu
and the seventh Waid, Bouth by Tweutletb
street and weit by Adeline street.
M\iii Ward— Bounded on the nortb by Twen
tieth street, east by srveiuli Ward, south by the
bay and west by Broadway.
Jnn d. Fourth and Seveutn wards will remain
as at i ir-eui.
In the second place the following boun
daries are suggested :
First Ward-Bounded on tlie nortb by Twelfth
etie«i, east by Jfopiar, south aud weat by tue
secoud Ward— Bounded on tbe north by the
cbaiier line, east by Market, loutu by TwelllU
and west by tbe bay.
lmiu Ward— bounded on tbe north by tbe
chaiter line, east by drove street, San l'alilo
aT»r>ne aud Broadway, south by Twelllh street
aud w. «i by Market street.
Fourth Ward— Bounded on tbe north by
TneitUi stiect, ou tba east by Clay, goutu by
Broadway aud west by Poplar «tieet.
Fifth Ward— Bouudvd on the north by tlie
charter line, east bj Hie cUarler line and beventn
Ward, south by Tneillli street aud west by Kau
l'ahlo avenue aud Liiove street.
Sixth Ward— Kuiiuued ou tbe north by TwtlttS
street, east oy SeveDtb Waid, soulu by Ui: bay,
we-: by U»y street.
Tbe Seveuth Waid will remain as at present.
In this second plan there seems to be a
clerical error in the boundary of the new
Fifth Ward In that to include the annexed
territory, as certainly must have been Mr.
Kusbauiner's intention, it should bo "oast
by Brooklyn Township" instead of "east
by the charier line," as it now read*.
"John ikie " OB johnsun.
Some days ago John Jonnsou was ar
rested for selling liquor without a license.
He was arrested under the name of "John
Due," but when tbe case came up the pros
ecution ascertained that bis name is John
son. The attorney for the defense waived
the correcting of the complaint by Issuing a
new oue with the corrected fact, and the
jury found his client guilty and Judge Hen
shaw fined him £100. Johusou was dis
charged by Judge Ellsworth ou habeas
coipus yesterday afiernoon, on the ground
that the waiver did not bind him or givethe
riuht to try him as "John Doe" when his
true name was known at the time of the
trial. It was a shyster trick, which, how
ever, did not avail, for Johnson was re
ariested in the uveuiug on another coin
plaiut aud will be tried by his right name
A very happy social party took place at
Cavalry Hall last evening under the au
spices of the Ladies' Society of the Uni
tarian Church. Calico was the prevailing
costume and was appropriate lor the
Ton to fifteen cars are arriving daily with
oil for the Standard Oil Company's Works
at West Oakland. Several hundred barrels
have arrived during the past ten days.
NOT OUTDONE IN MABIKS.
Oakland is not to he outdone by San Fran
cisco altogether. Some days ago was chron
icled the birth of triplets in that city, and
yesterday morning two boys and a girl
were burn to John March aud wife at 719
Lewis street. West Oakland. The father is
a railroad employe and the family now
consists of eight children. The babies
weighed three aud a half pounds each and
last evening the probabilities were that they
J. H. Maurer, the dairyman, filed his
petition in insolvency yesterday. His lia
bilities were Sl4,i'Uo. Tlie loss of trade aud
destruction of property by tire are alleged
as causes of failure. He has a homestead,
valued at $7000, w ith a $3800 incumbrauce
A committee of the County Supervisors
made au official Inspection of the Summit
road over the Contra Costa Kanceinto Con
tra Costa County. It was impassable in
many places on the Alumuda County side
during the winter.
The undivided one-fourth interest of
John A. Kobiuson, an insolvent debtor, in
the Gold Blussom Quartz Aline, in the Ophlr
mining district, has been ordered sold by
Judge Gibson, for the benefit of creditors.
lIKNKV 8. DAVIDS' WILL.
A certified copy of the will of Ilenry S.
Davids, late of De Kalb County, 111., was
riled for probate in Alnrr,eda County yes
terday. The estate in California consists
of a house and lot in Oakland valued at
about $2000, and bank stock of value un
known to James Stanley, the Public Ad
ministrator, who wants to administer the
California estate. The latter is left to
Charlotte Judd Davids, a daughter, aged
about 15 years.
The tliig-raisiuc at tho Clawson School,
Noith Oakland, will take place this after
noon and will about complete the list for
Oakland. It is now suggested that every
patriotic citizen should have a nice flag to
iluat to the bree/.e on national holidays.
The amount of niuney in the bands of tne
County Treasurer of Alameda County was
countod yesterday ruoruing, and ascertained
to be 524U.G19 50.
The last of the water in the pond near
Tompkins School was pumped out yester
day morning, and in a few days it will be
SUITS FOB DIYOBCE.
Three actions for divorce were com
menced yesterday, one for each Judge.
Wilhelmina Tuntuinaii, ihe wife of George,
who is a butcher, alleges that he treats her
cruelly. Henry R. Fisher says that Eliza
beth has deserted him. Kate Anderson is
tne wife of A. P. Anderson of San Fran
cisco, but as there are two of them, it was
not learned which one belonged to Kate.
The will of Silas M. Cook was filed
for probate yesterday. The estate is
valued at $5200, consisting of lots in Berke
ley and Pasadena, Tallied at $1400, and
personul property valued at S&son, and
devised to the widow, Mrs. Elizabeth L.
Cook. The will was originally probated in
Hoyd County, lowa, where the deceased
and family resided prior to coming to
California. The tostator died In Oakland,
on the -'ttii of November last.
Itev. Dr. C. C. Mmitou has been tendered
the chancellorship of Willamette Univer
sity. Portland. Oregon. He will deliver the
baccalaureate sermon at the approaching
THE FREEMAN KSTATE.
Public Administrator James Stanley has
ascertained that Mrs. Mary A. Freeman
married John A. Chrlstensen while she was
administering the estate of her late hut
band, Albert A. Freeman, "contrary to the
form of the statute in such cases made and
provided," and he now wants her removed
so that he may administer the estate, con
sisting of a lot in the Whitcher Tract, Oak
land, valued at 52300.
C. L. Watson Jr. has filed the will of his
father for probate. The estate Is valued at
$30,000. The will ratifies the marriage set
tlement made in 1882 upon the wife. Mary
D. Watson, aud makes the sons, C. L. and
William, and three daughters, Christina P.
aud Flora E. Wntson and May E. Coogun,
the residuary legatees, in equal portions.
The son-in-law de facto and son-in-law
prospective are debarred from handling any
of the money left by testator.
There was a goodly attendance of lovers
of dramatic recitals at the First Methodist
Episcopal Church last evening to hear Mrs.
Frauces Scott-Siddons. The selections
were from Shakespeare, Dickens, Tenny
son, Mark Twain and others.
CITV COTJSCIL MhMJN'j.
At the adjourned meeting of the City
Council last evening the water-rata ordi
nance wag taken up and Mr. liackett
moved to amend the title by inserting
"pure, wholesome water," but President
Collins ruled this out of order. Caiuron
appealed from tbe decision of tbe Chair,
and Evans charged Camron with attempt
ing to railroad tbe ordinance through. The
amendment of the title was finally referred
to the City Attorney, who was not present.
Mr. Cauiron then moved a general re
duction of 12% per cent on the
rates all around, upon which President
Collins called Hackett to the chair and read
his former address with explanatory inter
jectory remarks. After the sama Messrs.
Camron, Hackett and Wakefield inade re
marks. The tint section was passed,
whereupon, on motion of Camrun, the
question of fixing the title was taken up.
Camron moved to amend by inserting in
title and preamble the word3 "good,
pure, fresh," and .Evans to amend tho
amendment by inserting " reasonably
pure." The last amendment was adopted,
and the "solid six" passed the remainder of
the ordinauce according to programme. A
reduction of hydrnnt rate from So to S4
per month was also made by the "solid
six." The minority favored a reductiou to
S3, but the majority would not accede, and
anally passed the ordinance to print in five
<lays. The order is practically the same as
last year, though the hydrant reduction
will make a (Inference of about S2SOO per
year. All amendments offered by tbe minor
ity were voted down, and the Council ad
journed at midnight. The ordinance Will
Constable Henry Morris is still In a pre
carious condition, but his recovery is hoped
A train of fifteen or twenty cars passes
through Alameda nearly every day on the
narrow-gaupe with excursionists for the
Santa Cruz Mountains.
The fourth annual excursion and picnic
of the Sunday-schools of this city will take
place to-morrow over the narrow-gauge
road to Forest Grove.
Deputy Constable Perkins, whoisclian;ad
with embezzling money collected iu his of
ficial capacity, lias filed an affidavit that lie
believes he cannot have a fair trial before
Justice Byler, aud asks for a change of
School Census Marshal J. P. Smith com
menced his labors yesterday. His report
will also show the population of Alameda,
which is now estimated to be over 10,000.
Tlie Alaineda itoat Club now has a mem
bership of fifty-nine. Work is rapidly pro
gressing on the house at the foot of Chest
nut street, aud it will be ready for
occupation in about two weeks.
A lancy fair commenced yesterday in the
parlors of the Congregational Church for
tbe benefit of the Orgau Fund. It will
close this evening, when an organ recital
will be given.
Two streets will be opened through the
Taylor Tract on High street, which bas just
come into possession of David Hirschfield.
They will be called Liberty and Garfield
avenue;, and will run from High street
easterly to San Leandro Bay.
The City Clerk will forward h deed in a
few days to Indianapolis, lud., to be signed
by the officers of the Janey Electric Com
pany for the purchase by. the city of the
remaining twenty-three fortieths .of the
electric-light plant. The price is $23,000,
and the company will take municipal bonds
lu payment. * •
Six car-loads of brick have arrived for
the new chemistry building at tho Univer
sity and for the Institute for the Deaf
and Dumb and Blind. . .
Judge Little ba3 turned over Julius Mey
ers' $250 fine to the County Treasurer. This
is the largest fine that has ever been im
posed in Berkeley.
The Knights o f Pythias have decided to
give an anniversary ball on the evening of
July 3d, instead of July 25th. The latter is
the date of the first anniversary of the in
stitution of the lodge, but unfortunately it
falls on Sunday.
Since the correction of an error in the
election returns it is claimed that Dr. Cone
was elected School Trustee over A. C.
Shuster. The corrected return is said to
give Dr. Cone 427 votes and Mr. Shuster
41G, giving the form-r 11 majority. The
vote was canvassed by the Town Trustees
on Wednesday evening.
Kobhecl in a Saloon.
May Wilson and Maud Clifton, unfortu
nate women, were arrested at 2 o'clock yes
terday morning by Officers Smith and
Crockett on Natnma street and charged
with grand larceny. John Hopper, who
came here recently from Carson City, ac
cuses them of having robbed him of 880
early in the ni^lit while lie was drinking
witn them in the lilue Grotto Saloon on
Howard street, near Fourth.
The Young Men's Democratic Club of
the Thirty-seventh Assembly District has
elected the following officers : D. M. Bow
ers, President; J. P. Weller, Vice-Presi
dent; G. W. Johnson, Recording Secretary;
Kxecutiv* Cominitten — W. H. Lnngton, H.
W. Martin, Harry Lyons, Fred M. Russell,
Dave Garrett; Sergeant-at-Arms, D. J. Dal
When on the Iligh Seas,
On the rail, on a ateainboat, aboard a Ashlng-tmacK
oryaclitlng on the coast, Hustetter's Stomach Bit-
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