The record-union. [volume], December 28, 1895, Page 4, Image 4

About The record-union. [volume] (Sacramento, Calif.) 1891-1903

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4
JOHN WAGNER GETS THE PROPERTY.
Decision in the Contest Over the Es
tate of M. Wagner.
The Nephew's Title to the Property is
Not to be Disturbed, Says
Judge Johnson.
Judge Johnson, in Department Two
of the Superior Court, yesterday ren
dered his decision in the case of Jacob
Gibfried against John Wagner, nephew
«f the late M. Wagner, to cancel deeds
to property made by the deceased to the
latter. Some of the property involved
is that on the southwest corner of Ninth
and I streets. The court says:
This is an action brought on the part
of plaintiff as heir of M. Wagner, de
1, and as his legal representative,
against defendant to cancel certain
deeds executed by the deceased in favor
of the defendant, on the ground of de
ceit, fraud and undue influence.
The deceased died in May, 1894. A
few weeks previous to his death he exe
cuted certain deeds to defendant to
property in San Francisco and Sacra
mento. At the time of his death he was
about 75 years of age, and had been
sick, confined to his bed, some time prior
to his deajth, and was so sick at the
time of the execution of the deeds in
question. The plaintiff and defendant
were nephews of the deceased. The de
fendant for along number of years made
his home with the deceased, and was re
siding with him at the time of his death,
while the plaintiff lived for the last five
years in the city, but at his own resi
dence, where he carried on a grocery
business.
It was in evidence that he frequently
visited his uncle and brought provisions
for him from his store.
The deceased had no family, but had
a large number of other heirs of equal
degree with these two, residing in the
East, in Europe and elsewhere. The
property conveyed contained the entire
estate of the deceased.
The purported consideration of the
deed was that defendant was to sup
port and care for deceased during the
remainder of his life, and to pay the
funeral expenses. It was claimed also
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that the defendant had furnished sums
of money to his uncle far his mainte
nance, paid the taxes, etc. I do not
think the evidence bears out this con
tention. On the contrary, the uncle did
more toward maintaining the nephew;
he always made his home with his
uncle, and, while a number of years ago
he worked at the railroad shops at his
trade, for the last live years he could
not show that he had earned more than
S'6oo during that time. He tells about
paying street assessments for his uncle,
but on cross-examination he said he
paid it to the Sheriff, which is highly
improbable, because it is well known
that that office has nothing to do with
street assessments.
This, with the manner of the witness
j while on the stand, leads me 'to place
| but littfe reliance on his testimony.
Furthermore, a year or more before his
death, the deceased had trouble with
one Heisen about a portion of this same
property; then the aid of the other
nephew was solicited; the uncle fur
nished the money necessary in the liti
gation that ensued, and plaintiff trans
acted the business for him, showing
plainly that the deceased had means of
his own, and did not have to rely upon
defendant for assistance.
The plaintiff contends that in this
case, having proven the fact that the
deceased was an old man and sick, the
burden is shifted upon the defendant
tv show that there was an absence of
j undue influence, etc.
In a very able brief he cites a large
is umber of authorities to maintain his
position. Our own Supreme Court has
indorsed this view in the case of So
beranes vs. Soberanes (97 Cal. 14U).
This being the case we must turn to
the facts in this case and ascertain
whether they justify the claim of
plaintiff.
Dr. G. L. Simmons, who attended
him in his last illness, tells us that
the deceased was weak and emaciated,
ami while he was approaching a state
of senility still his mind was "sharp
and bright," and that he would be in
a condition to resent importunities.
He advised him to make his final
preparations and was told by him that
he had done so. This shows the mental
condition of the deceased subsequent
t' the execution of the deeds in ques
tion. Again, we have the testimony of
My. Graff, a disinterested witness, who
had known him for a long number of
years, who called upon him frequently
during his last illness. He tells us
that deceased repeatedly told him that
he was going to give his property to the
defendant. Witness was at the house
the day that the first deed was execut
ed. He told him that he was going to
do so, and after the attorney had gone
away, told him that he had done so.
W. A. Wall, another neighbor, testifies
that he told him that he was going to
gl\e his property to defendant.
J. W. Armstrong, the attorney who
drew the deeds, testifies that deceased
Bent for him and requested him to draw
the deeds, and that when he received
his instructions that no one was pres
ent.
He received his instructions from him
as to what he wished to be done with
his property, and pursuant to that wish
he drew the first deed and returned to
the house of the deceased, where alone
in witness' presence it was executed.
All of these witnesses concur with
Dr. Simmons that the deceased's
mind was strong- and that he was fully
aware of what he was doing, and go far
to negative the idea of undue Influence.
In addition to this, we must bear In
mind that the defendant had for a I
long time resided with and made his
home with his uncle, and It was but
natural that an affection grew up be
tween them, which would account for
the desire to bestow upon him his prop
erty.
The other nephew visited his uncle at
all times that he desired, had free ac
cess to him and nothing was laid in ]
his way from approaching his uncle
as often as he pleased. All of these
things to my mind show an absence
of duress or undue influence.
In Goodwin vs. Goodwin (90 Cal. 560) i
the Supreme Court say undue influence i
must amount to force and coercion and
must destroy free agency, not the influ
ence of affection and attachment. The
[on must !>•■ \>y Importunity that
mid i,"t resist. The physician
tella us that be had full mental powers
t'> resist importunities. His opportuni
ainple to have had such re- i
! had they existed; his acts show i
that he acted upon his own volition as
he had repeatedly stated that he should
<!'>, backed perhaps by natural inclina-
The proofs show an absence of duress,
and as t" the question of fraud, there
is no evidence of such, except as to the j
bad faith of the defendant towards i
plaintiff. Then- seems to have been a
tacit understanding that they were to
the oil] man's property to the
■ >f the other heirs.
That in the hour of trouble the plaint
iff was called to the assistance of the
to assist in saving the property
the clutches of another; that he
. :in<l saved it, whereas if he had
'in the defendant it would have
Uen lost.
SACKA"ME:NTO DAILY KECORD-TTNTO^. SATURDAY", DECEMBER 28, 15S3F.
The defendant was the most vigorous
on that occasion in calling on
plaintiff for assistance, and to leave
him "out in the cold," as was done,
shows deep ingratitude, but does not
amount to a fraud upon his rights. It
J is highly probable that defendant, after
j he knew what disposition his uncle
; made of his property, concealed it from
j plaintiff, but I can see no principle that
J would compel him not to do so. While
] the court can see nothing to admire in
J the conduct of the defendant in this
! matter, still it is unable to see any just
cause for disturbing the deeds in ques
tion.
Judgment will be for the defendant.
AMUSEMENTS.
At the Clunie Opera-house this after
noon at 2 o'clock, to-night at 8 o'clock
and to-morrow night at the same hour,
the spectacle and story of "The Crystal
Slipper," which is the fairy tale of "Cin
derella told in dramatic form. There
are preserved in the play all the fairy
story characters, the spiteful, quarrel
ing sisters, the little cinder-wench
beauty, the subdued old Baron, the
Prince in search of a wife, the faithful
friend of Cinderella, the Fairy Queen
and her two attendants, and the servi
tors of the Prince. Then there is the
pumpkin that is transformed into a
coach, the mice that become ponies, the
rat that becomes a coachman, the
lizards which are converted into out
riders, and so on. The mechanical
changes are clever, and the scenery is
appropriate. When it comes to the
revel scene there are Dutch dances, ath
letic exercises and a fancy dance by the
Misses O'Malley, by Arnold and Millais.
and by Miss Caswell, respectively, and
songs by DeVaull. The grand trans
formation scene at the close is the best
scenic effect ever put upon the stage of
the opera-house, and is a thing of great
beauty and decided novelty. It is pos
sible that the play may be run during
next week, with the introduction of en
tirely new specialties.
Sardou's tragedy, "Helena," was
played to a good house at the Metro
politan Theater last night by the Rob
ert Downing Company. It is a grew
some story, illustrative of one phase
of the internecine strife that racked '
Italy in the fourteenth century. Upon
Eugenia Blair the burden of the play
rested, and to say that she carried it
well and discharged the trust in an
artistic manner is to speak but justice.
The tragedy is one the motive of which
is invested with a peculiar interest at
once repellant and attractive. In the
midst of one of the bloodiest contests
of arms between the Guelphs and the
Ghibelines the chief of the former
seizes and outrages the sister of the
chief of the latter in revenge for a
gross public insult. In her shame and
hatred she seeks her persecutor (after
confessing her dishonor to her fam
ily) and stabs him, but smitten with
remorse as he lies prone and appar
ently dying, she succors him and saves
his life, concealing the wounded man
in her house. There her brother comes
in flight seeking refuge, but to give it
would be to disclose the sheltering of
the offending chief, and consequently
the brother falls into the hands of the
enemy. Later, as she is about to enter
a convent, the Guelph discovers who
has saved him, and covered with shame i
and smitten by conscience for hi« act,
he offers her his life. But hate changes ;
into love and she confesses it to him. j
On his part he offers her marriage,
after exerting his power to stay the
massacre and to establish the liberties
of the people. She accepts the terms,
and her lover keeps his pledge. But
meanwhile, the brother being set free
by the new order of things, discovers
what his sister has done and poisons her
at the altar of the church where she j
has taken refuge. The Guelph, return- i
ing with his supporters, triumphant j
and the savior of the city, discovers I
the woman he has wronged dying upon i
the altar steps. The people, believing j
she is afflicted with the plague, fly from i
her and her lover and lock them in the
sanctuary to perish under a decree that
those with the plague and those who
succor the stricken shall be sequestered
and left to die, that tho pestilence may
nol spread. A priest, however, in com
pliance with their request, unites the
unhappy pair in marriage and then the
gates are closed upon them. The hus
band too late discovers that his wife
has not the plague and in seeking to
break down the barriers of the
church reopens his wound and the two
die at the foot of the altar, sacrifices
to the peace of the city, he expiating
his crime and she happy in having
been the instrument through which the
liberties of the people were established.
Such is the almost brutal story Sardou
has woven into a tragedy of great
strength. Mr. Downing is not at his
best in the character of the Guelph
chief. Mr. Ferry is his superior in all
respects as the chief of the opposing
faction. Between Miss Blair and Mrs.
F. M. Bates, however, the main honors
of the play are divided, and they wore
them with artistic grace and deserving.
The play was very elaborately mounted
and with lavish wealth of scenery and
fine costumery, all in keepingjvith the
time and the rank of the characters im
j>< -rsonated.
THE CHILDREN'S DINNER.
Annual Christinas JV:ist and Tree at
the Orphan Asylum.
The Christmas dinner of tho children
! of the Protestant Orphan Asylum took
j place yesterday at noon, as usual.
The number of children this year is
not so great as in some past years,
there being: only 137 at present, but
they were all on hand, i xcept the ba
l'i.-s. At the given sit,-::;il they Bled into
the <lining-rootn Uke veteran soldiers,
| no hurrying or Impatience, those of
: each division belns classified accord
ing- to siz.- and t&l table :is
•l to them. The perfection of tin-ir
, table manners was" remarkable and
j speaks volumes for the discipline of
.Vrs. Cady, and the love the children
bear for her, for it was evident that
love and not fear was the moving
spirit that guided the little ones.
The dinner was all that larger people
could have wished for, nothing being
lacking, and was thoroughly enjoyed.
The happiness of the little ones was
complete, \s!u'n at :» o'clock, after the
rendition of a programme, consisting
of ;i cantata, declamations and songs,
the Christmas tree was present*-*! to
tlvir favorable consideration, and every
child received its token of remem
brance from it.
It is a remarkable circumstance and
redounds greatly to the credit of the lady
managers and the matron that, owing
to thi- sanitation and cleanly condi
tion in which the building is always
as wed as the care taken of the
children, not a death has happened in
the institution since five years ago the
coming March.
«•
Speaking of bargains, look at these:
Special holiday prices — Mandolins,
from (5; Symphonia Music-boxes. s.;.">;
Stratton Guitars and Banjos, from
$7 50. Everything in the musical line
cheap. Second-hand Pianos, from $7">.
We are sole agents for the Mathushek.
Jacob Doll, Conover and Kranich and
Bach Pianos, cheap for cash, or install
ments. Neale. Eilers Co., (>3l J *
THE WEEKLY UNION — THE BEST
Weekly on the coast.
MASONIC INSTALLATION.
I The Five Lodges of This City Held a
Joint One Last Night.
Last night was an enjoyable one
i among the Masons of this city, it being
I the occasion of the joint installation of
the officers-elect of the five Masonic
ledges.
Past Grand Master N. Grtene Cur
tis acted as Installing Officer and also
acted as Toastmaster at the banquet
! held after the conclusion of the cere
monies, at which over 150 were seated
in the banquet hall adjoining the lodge
room, and which Avas spread with an
elegant collation, to which due justice
was done.
After the keen edge of appetite was
satisfied, toasts were in order. "The
Grand Lodge of California" was re
sponded to by Past Master W. F.Wiard;
"The State of California," by Surveyor-
General Wright; "The Ethics of Ma
sonry," by Rev. Dr. De Lew of Wood
land, and "The Lodges of Sacramento,"
by Past Master A. J. Vermilya. Other
toasts were also responded to by mem
bers, and the assembly did not break
up till a late hour.
During the installation services and
afterward during the banquet some
very fine vocal music was rendered by
the St. John's quartet, composed of T.
F. Bellhouse, first tenor; E. F. Ash
worth, second tenor; J. T. Griffitts, first
bass, and E. L. Gerrish, second bass, ac
companied by W. D. Crowe as organist.
Following are the officers installed:
Tehama Lodge, No. 3—W. E. J.
Baughman, W. M.; Charles R. Goss, S.
W.; Dr. Stoll, J. W.: A. J. Vermilya,
Treasurer; W. B. Davis, Secretary; J. E.
Thompson, S. D.; I. Joseph, J. D.; W. W.
Sim, Tyler.
Washington Lodge, No. 20—Charles
Heisen, Jr., W. M.; H. M. Butler, S. W.;
V. J. Tolley; J. W.; Geo .Murray, Treas
urer; E. Glover, Secretary; Presley B.
Johnson, S. D.; Philip Johnson, J. D.;
J. Scott and E. P. Duden, Stewards; E.
Rath, Tyler; G. E. Ebert, Marshal.
Sacramento Lodge, No. 40—J. W.
Hughes, W. M.; J. N. Blair, S. W.; J. K.
Grinton, J. W.; \V. M. Petrie, Treasurer;
John T. Griffitts, Secretary; J. A. Mac
donald, S. D.; J. B. Giffen, J. D.; W. F.
Wiard, Marshal; C. W. Morton and C.
W. Frazier, Stewards; John T. Griffitts,
Organist; Thomas Ross, Tyler.
Union Lodge, No. SS—W. M., Thos.
B. Reid; S. W., Robert Alexander; J.
W., H. Mitaw; Treasurer, August Mei
ster; Secretary, John McArthur; S. W.,
W. W. Douglas; J. D., Ben Wilson;
Stewards, Victor Lemay and Robert
Joy; Marshal, Albert Hart; Tyler, J. O.
Wilder.
Concord Lodge, No. 117— E. A. Rob
inson, W. M.; L. W. Matthias, S. W.;
J. M. Chapman, J. W.; John Gruhler,
Treasurer; W. H. Hevener, Secretary;
T. J. Hesson, S. D.; J. W. Charles
worth, J. D.; M. T. Coppersmith, Mar
shal; G. H. Stephenson, W. B. Oldfield,
Stewards; C. T. Seavey, Tyler.
ST. PAUL'S SUNDAY-SCHOOL.
The Christinas Treo and Entertain
nient Last Evening.
The Christmas tree and entertain
ment of the Sunday-school of St. Paul's
Church took place last evening and was
a very pleasant and successful affair.
The hall was filled with the children,
there being a regular attendance at
the school of over luU, and their par
j entfl and the members of the congrega
i tion being also present. There were
! three Christmas trees and they were
loaded with presents and looked very
attractive, not only to the youngsters,
but to the older people.
Some excellent singing was done by
the school during the entertainment,
the programme of which was as fol
lows: Three carols by the school; reci
-1 tation, Ella Podd; recitation, Frankie
j Arnold; instrumental duet, Georgie
I Carroll and Pearl Neagle; recitation,
| Reggie Mallett; recitation, Ada
I Broughton; recitation, Vivian Warm
{ by; instrumental solp, Edna McKee;
! recitation, Gertrude Hughes; recita
tion, Florence Ash worth; instrumental
solo, Pearl Avis; recitation, Rena
Ketchum; recitation, Mabel Marsh;
vocal solo, Edith Lynn; recitation, Rena
Aitken; recitation, Victor Aitken.
After the distribution of presents
from the trees Ice cream and cake were
partaken of. All present agreed that
it was one of the most successful affairs
the school has ever held.
COLUMBIA FETE.
The Grand Spectacular Entertainment
on Thursday >iiriit.
On Thursday uext tha grand perform
ance of the Columbia Fete is to take place
at the Metropolitan Theater. The young
people who are to take part in the spec
tacle are being drilled daily by Miss
MatuewH.
Mrs. Moynihan, as Columbia, will
siuK "Columbia, Gem of the Ocean,"
with a chorus, before the Queen of the
City. "Night" will be impersonated by
Miss Jennie Govan.
There will be fancy marches, dances
and drills of various kinds, all novel,
unique and new—the tloral drill, brown
ies, Cupid danc«s by the i'arley children,
| Highland liuitr, boys' drill, kindergarten
work of twenty children, rainbow drill,
with colors, "Vision of Peace," "Tenting
on the old Camp Ground," by the mili
tary, aud a panlumime chorus of 100
children.
All will be under the auspices of the
ladies of St. Paul's Episcopal Church.
DUE TO DRINK.
Tbo Crime That Sends Charley ilanhtI
to Prison lor Life.
Yesterday Charies E. Hanlett was taken
from Contra Costa County to the State
Prison at l-'olaom, where he is to servo
life imprisonment for the murder
of his brother at Kodeo, Contra Costa
County, in December of last year.
It *tvas a sad affair. The young men
were n.areil in this city, where the family
slill reside, and bad many Irieixis hoie.
Thero was no real malice in tbfl act of
Cliaiies. It was limply an insane im
pulse, caused by drink, but it wus mur
der, and lie mum suilor lor it. No physi
cal punishment thai might bo inilicted in
liia case could ever equal that which ho
has suffered through paujra of conscience
siuce the deed watt committed.
STUDIES IN BLACK AND WHITE.
stylish (iiiriiH-niM Received i'ui- County
.Jail inmates*
Sheriff Johnson yesterday received a
big box full of works of art to bo disirib
ted among the prisoners iv the County
Jail as Christmas presents.
The (jifta aro in the shapo of now and
: comlortablo woolen shirts aud trousers,
beautiluliy atripod in black and white,
and when the t:hain-gnn£ next goes on
parade tlioy will look like a band of
zebras on an African prairie.
Clad iv thcsu uniforms tiie prisoners
will think twice before attempting to
leave tito jail, but if any should net away
they will not need a brass band to herald
their presence in any particular locality.
WIN'S STEALINGS.
Mom of the Property Has Been Identi-
Bed by its Owners,
Some of the property found on Ah Win,
the Chinaman arrested by Ofiicors Doug
las and Wilton Thursday night on ens
pi,ion of bciug a thief, has been identi
fied.
kit*. Elleu Kankiu and Mrg. J. E.
Jobnson, who reside at tbe Mansion
House, ob £ereDth street, called at tba
j p«lic« station after reading the account
! publisbed in tbe "Record-Union" yester
; day morning. Mrs. Kankiu identified
three gold rings, a portion of a bracelet
and a puraa found ou Win as her prop
erty, and Mrs. Johnson identified her
' mother's gold-rimmed spectacles, which
i had been stolen.
They both remembered having seen
I Winn at tbe bouse ottering lottery tickets
! for sale. Wiu's photograph is in the
rogue's gallery, be being an old offeudeJ.
Last mgbt toe officers visited Ab Wiu's
! room and found there a variety of things,
; includingau American bulldog pistol not
of the kiud tbat Chinamen usually own.
HOTEL ARRIVALS.
Arrivals at tbe Golden Eagle Hotel yes
terday: H. Levy, Edwin Ferry, E. Ken
nelly, E. Bradley, J. R. Armory, C. A.
Kaempfer, Felix Kisser, Naw York; F.
B. Cboate, Mrß. F. M. Bates, Mrs. B. B.
Lee, Sacramento; Mrs. L. M. Culver,
Pasadena; V. A. Tburston, G. W. Bailer,
Wiuiield Soott. J. K. Tiiley, J. M. John
son, A. C. Madder, F. D. Burrows, ii. F.
Auler, Thomas Hart, B. O. Scliuckiujr,
San Francisco: Robert Dowuing aud
wife, Washington, D. C; C. J. Wotmore,
E. S. Deuison, Oakland; Frank C. Town,
Chicago; G. 1). Fairmau, Boston.
Weather Notes.
Tbe Weather liareau reporls show tho
! highest and lowest temperatures yester
'■ day to have been 64 degrees aud 36 de
grees, witb light southerly winds aud
clear weatber prevailing.
There were a tew clouds floating in tbe
; air during tbe entire day, obsouring too
sun for only a abort lime.
The barometrical readings at 5 a. m. and
5 p. m. were 30.3y aud 30.31 inchas, re
speotively.
Tbe highest aud lowest temperatures
one year ago yesterday were 44 degrees
and 3$ degrees, witb .10 of an iuoh of rain,
aud one year ago to-day 48 degrees aud 41
degrees, with .VI of an inch.
Kiver, 10 ieet.
Auction Sales.
At 927 E street Bell A Co. will sell at
auction at 1:30 to-day a large lot of parlor,
bedroom, dining-room ana kitchen furni
ture, carpets, linoleum, phaeton, Hail
safe, etc.
At 10 a. in. on Tuesday, tbe 31st, tbe
same arm will sell, at SO3 X street, tbe
entire outfit, consisting of bar fixtures,
bar glassware, Hall suie, tables, chairs,
stoves, portieres, lamps, etc.
At 1:80 on tbe same day they will sell,
at 321 J street, tbe contents of a restau
rant, consisting of tables, chairs, re
frigerator, crockery, glassware, mirror,
French range aud fixtures complete, table
liven, napkins, a lino coal btove, etc.
Change in Ladies' Day.
Tho President and .Secretary of the
Suiter Club have given notice that as the
Glee Club of tbe University of California
intends giving an entertainment In Sac
ramento, Thursday evening, January
' 9th, ladies' day bas been changed from
; Friday, January loth, to Thursday, Jan
uary 9th, and as tno gentleuiou from tbe
' university bave boon tendered tbe hoapi-
Ulity of tbe club, it is their iuteution to
come to tbe club rooms alter tbeir enter
tainment, so it is thought tbat it would
' be pleasant to bave as many of tbe mem
bers and their iadiea meet them as way
j find it convenient to do so.
County Settlements.
Tbe following counties have settled
I tbeir first installment of taxes for 1895
' witb tbe State: San Joaquiu, $107,491 -17;
I Sonoma, 311^,856 -5; Butte, 967,960 04;
■ Kings, |32,Z73 3H; Riverside, |50,131 58.
The J roaaurers of rian Francisco and
: Alamedii Counties also came up to settle,
1 but there were so many counties aboad of
thorn tbat tbeir casli will probably not be
counted until uoua to-day. ban Diesjo
will also probably settle to-day. Ail
warrants on tbe general fund can now be
I paid when presented.
Prodded With a Pitchfork.
C. H. Thomas complained to Police
Sergeant Plunkett last night that au em
ploye at Scuad'a stable had stabbed him
in the hand with a pitchfork. He said
the proprietors of the stable had given
him permission to sleep there, and be
cause he tiad refused to leave lant night
the employe referred to struck him with
a fork.
Thomas said he would thia morning
swear to a complaint against the man.
Military Election To-night.
There will bo a meeting held at the
j Armory this evening for the olectiou of
Colonel and start and field officers of the
fcjecoud Infantry Kegimeut. Tbe t\v«<
< local companies, E and (J, tbe Woodland,
! Cliico, Nevada City, Keel Bluff, Colusa
| and Marysville companies will be reure
: ben tod by their commissioned officers
i t-ac.l.
Stricken From the Record.
In the caae of Iteclamation District No.
, 051 against Robert McCiure and others,
! Judge Johnson yesterday made an order
i striking ironi the record the demurrer
tiled by Messrs. Olney it Uluey, ou the
ground that they were not authorized to
! act in the matter. Tbe case was then
continued two weeks.
Sued by an Estate.
A. A. Jackson, administrator of tbe
estate of Johu K. McCouiber, deoeaßed,
has, by his counsel, A. L. Hart and C. H.
Oattnan, brought suit against D. \V.
l'hillips to recover the sum of §.~»00 al
lowed to be due the estate by the de
fendant.
Could Not Throw Stones.
Robert Berry, who was charged with
malicious mischief, was discharged in the
Police Court yesterday. He was charged
with throwing stones at a Chinaman, hut
proved that he hud a broken wrist and
could not, havo done ao.
Minor Police Cases.
Sophie Henaaner was convicted in the
Folioe Court yesterday 01 vagrancy and
will be sentenced to-day.
Joseph Cogar, John Cothor and C. S.
Me! rvbilo wero convicted of disturbing
the peace aud fined >•"> each.
Fined a Hundred.
L. JacouEon pleaded guilty yesterday
morning in tho Police Court to violating
; tho ordinance akfaicst gaming and was
| lined JiUU, with tue alteruativeof luU days
jln juii. He wan arrested for running a
; crap game.
Obstructed the Patrol Wagon.
J. l.uodis was convicted in the Police
Court yesterday of refusing to get out of
the way of tho patrol wagon and was
fin oil |10, with the choice of breaking
rork for ten days.
IN THE WORLD
OF* 33E-AXTXY
IS SUPRE?IE
Not only is it the most effective skin puri
fying and beautifying soap in the world, but
it is the purest, sweetest, and most refreshing
for toilet, bath, and nursery. It strikes at the
cause of bad complexions', falling hair, and
simple baby blemishes, viz.: the Clogged,
Inflamed, Overworked,or SlcgolshPoke.
Sold throuehout the world. British depot: Ncttbiry,
t—n-im. i"o11er n,,\o ft Cbkm. Corp., Borton. U.B-A.
SPECIAL RAJ £
FOR ONE WEEK.
THIS NdT~7 RAINGE,
$139 a
Regular price of the above Range. $16 >O. This ia th«* bargain of
the season. Call early If in want of a li;ui^e.
300 COAL OIL HEATING STOVES
Of the latest and must improved patterns, we u!fer trom now an
wholesale prices. Biy bargains in everything.
L. L. LE^VIS & CO.,
502 and 5Q4 J Street, Sacramento
SPECIAL NOTICES.
Vehicles—Baker & Hamilton—Hardware,
Carts, Buggies. Carriages, Phaetons, Bain
Farm and Header Wagons. Wholesale
Hardware. Send for catalogue.
THE FOUNTAIN, 516 X, has the bost
clam juice, chowder and steam beer. Call.
SHOE REPAIRING —1013 Seventh
street, between J and K. Take your
to the Chicago Shoe Manufacturer. Strii't
ly lirst-class work. Old shoes made to
look like new ones. Invisible joints on half
soles; edges same as new.
PHOTOS. Get Hodson'a coupons from agents.
MILLER BROS., 1116 J street, carry a
full line of oil heaters.
T. B. REID, dentist, Masonic Temple,
Sixth and X streets. Office hours 9 to 5.
IF AFFLICTED with Sore Eyes use
Dr. ISAAC THOMPSON'S EYE WATER.
Sold at 2f> cents. S
NEW TO-DAY.
HI WANTED AT FAIR OAKS.
FORTY TO SIXTY WHITE Ml-'N* TO
clear land and cut wood. Married men
and residents of Sacramento given the
preference. Parties will be required to
board themselves and furnish their imple
ments. We furnish houses or tents. Ap
ply to EDWIN l-I. ALSiP & CO., between
hMO and 12 m. Saturday. It
COLUMBIA FETE!
SPECTACULAR WORK!
Metropolitan Theater, Thursday, Jan. 2J.
100 Children ! .'JO Leading Merchant*!
3O MtK«e« aii<i Yonng I>adie»»!
Military hi l'antomimu !
Marches. Dances, Drills, Brownie-. In ler
the auspices of the Ladies o: Ht. Paul's Epis
copal Church.
Admission, 25, 50, 75 cents. Box oitice
open Wednesday and Thursday. d2s-5t
In a Vice.
I Feet feel that way la stiff bard
i shoes. Goodyear Weit Shoes are
easy, flexible, comfortable. All !
f dealers sell Gooayear Welts, ail ,
people may wear them.
"Foot Comfort" will tell you all about them. 1
Write lor it.
GOODYEAR SHOE MACH'Y CO., EOSTON;
TUFTS'
YERBINE
COUGH
BALSOM
tats Him ill tor Colds.
A. C. TUFTS,
DRUGGIST,
TENTH AND J STREETS.
IX THE SUPERIOR COURT OF THE
County of Yolo, State of California.—R.
li. Ma'hone, plaintiff, vs. David O. Entri
can, Annette Entrican, Paul R. G. Horst, ■
Louis A. Horst, E. Clcmmons I
John Doe and Richard Roe, defend
ants. Action brought in the Supe
rior Court of the county of Y'olo, 1
State of California, arid tlio complaint
filed in the otllce of the Clerk of said
county. White. Hushes & Seymour,
plaintiff's attorneys.
The people of tho State of California
b< n-! greeting to David O. Entrican, An-
Kntiicun, Paul E. G. Horst, B.
Clcmmens Hoist, Louis A. Hoist, John
nd Richard Roe, defendants.— You ;
are hereby required to appear in an ac- !
tion brought against you by the above- i
'I.aned plaintiff in the Superior Court of j
the county of Y'olo, State of California,
and to answer the complaint tiled therein j
within ten days (exclusive of the day of i
t.« rvice) after the service on you of this j
summons. If served within this county,
or ii served elsewhere within thirty days.
The s;iid action is brought to obtain a de- i
cree of this court for the foreclosure of a
ci rtain mortgage described in the said
complaint and executed by David O. En
trican and Annette Entrican on the 12th
day of January, lsyj, to secure the pay
ment of a certain promissory note duly ■
given and executed to one Catherine F. I
Dai!on, and was by her duly transferred '
to plaintiff; that the premises conveyed by j
said mortgage may be sold and the pro- j
ceeds applied to the payment of the said
moitgage, and in case such proceeds are
not sufficient to pay the same then to ob
tain an execution against said defendants \
for the balance remaining duo, and also
that the said defendants and all persons
claiming by. through or under them may
be barred and foreclosed of all right, : -
title, claim, lien, equity of redemption
ano interest in and to said mortgaged
I ] t mises, and for other and further relief
as will more fully appear by reference to
the complaint on file herein. And you are
hereby notified that if you fail to appear j '
ami answer the said complaint as above
inquired the said plaintiff will apply to;
the court for the relief demanded in the
said complaint.
Given under my hand and the seal of tho !
Fupwior Court of the county of Yolo,
S<.atfc of California, this :28th day of Au- !
gust, in the year of our Lord 1896.
(L. S.) G. L. DUNCAN, Clerk.
White, Hughes & Seymour, Attorneys
for Plaintiff. n23-2m S l
AMUSEMENTS.
CI,UNIE OPIvKA HO;
J. H. Todd Leueaand Mana «r
WroU Commencing DecemberBB, im>.*>.
THE BLORIDOE HaLIETT STOCK COM
panj In a magnlflceni production 1
charming ipectacular extravaganza '"THE
CRYSTAL BLIPPER," witu new aeenery,
io ne costumes, novel mechanical ■ 1,
a good ballet, special- rong cast
Popular fries*—lOc, 800 mid :{')o.
' AXTCTIOIfS.
AUCTION SALE 7
RESTAURANT.
Bell & 00. will sell, on the premises, 321 J
street, TUESDAY, December 31, U
1:30 p. m. Bharp, the entire outfit, con
sisting of tables, chairs, refrigerator,
ry, (jla ---v. are, mirror. !
range and nxtures complete, table linen,
napkins, a fine coal stove, etc. Sale posi
tive. Terms 1 1
BELL & CO., Auctioneers.
AUCTION SA.l7e~
SAI.« " <\.
Bell & Co. will sell, on the premises, 803 X
street, '^l•i:sl^\^. December 31, 1895, ai
10 a. m. sharp, the entire outfit,
of bar fixtures, bar glassware, Hall safe,
tables, chairs, stoves, portieres, lamps,
etc. Sale positive Terms cash.
d2B-3t LL & iii. Auctioneers.
AUCTION SALE
BELL & i'O. WILL SELL THIS DAT
(Saturday 1 December 28, 1895, at 927 X
Btreet, at 1:30 p. m. sharp, a large 101 of
parlor, bedroom, diningroora and kitchen
furniture, carpets, linoleum, phi
Hall safe, etc. Sale positive. Term
BELL & CO., Auctioneers.
BAILROAD TIME TABLE.
SQDTfIERN PACIFIC COMPANY
[PACIFIC SYSTEM.]
NOVEMBER ao, 1895.
Trains Leave find are Due to Arrive at
Sacramento:
i i
LEAVE TRAINS RUN DAILY. ARHIVfi
(For) j (From)
11:00 P Asuland and Portland <i:~0 A.
b:4u A Ciilistogaand >'apa... : 6.10 I'
::U() I 1 CalisK.ga and Napa ll:i!O A
4:40 P l>eming,Kl ra.soanu.Kast 9:46 A
s:«»OPcoirax 10:05 A
7:10 i' ktm-iits l.ad'tr<kOroville 7:4. A,
1O:2. C> A 1 ,os Angeles 8:50 P
4:40 PLos Angeles 9:45 A
ll:4u A Atlantic Express for Og-
I den and East j 4:30 P
10:00 P European Mali for Ogden
and Kaat 6:50 A
3:05 P Orovilio via Ro«e Vie J'no 10:15 A
4:35 A Red Blufl via Knights
l.a"tTg iin»i Maryaville., 6:40 P
•6:45 A R fe a Uluil via Woodland *7:oO P
3:05 I' Red iiluff via Marysvlllei 10:15 A
10:30 A Rertdin? via Willows 8:56 P
4:50 P]BanFran'covia Benioia.. 11:20 A
6:10 AjSau Fran'ooviaßentcUvJ ;':4O P
t>:46 A Sail Kran'oo via Henicia... 10::!6 I*
3:00 i" -an Krauco via Br>nlcla...l )?:1U P
! *10:00 A San Fron'oo via steamer: j.ti:uo A
10:26 A Shu Fran, via Llvermore 2:50 1*
10:26 Asian Jose 2:50 1'
10:2o A .^ania Barbara 2:50 I*
6:15 ASautaßosa : 8:10 1 J
3:00 P Santa Hosa ! 11:20 a
10:95 A Stockton and Gait.. 2:50 1'
■!:ii) i'siockton and (jilit y:l5 A
11:40 a nrac&eeand Reno_« 4:3u ['
10:00 PiTrncltee and Rono 6:50 A
(.:4a A:\allejo * 8:10 P
3.-OO PjVallejo 11:20 A
*7.00 AfPolsom and Plncerville... *4:40 F
■6:10 riFolsom and_Placerville... '9:15 A
•Sunday excepted. exeepted.
A—lor morning. P—Kor afternoon.
RICH A Xl 1 tiUAY, Gen. Traffic Manager.
T. H. UUQDMAN, Gen. Passenger Agent.
JUDSOX EXCURSION '^S ~ C?£
Barrameuto w. r lily. Upholster.?'', oars. Man
ager! through to Chicago and Boston. Lowest
rnte. Cail on U J. BLLIB. Agent S. P. Co.,
Barramento. or addrrss .TUDBON A CO., 19
Montgomery street. San Francisco.
Keep Jife,
X__ • jJf SUNSET Wjl
IrL ferif^o)
iXEind^ljp/
SDNSEfuMITID
For thm Season 0f1595-96.
WIUL RUM
SEMI-WEEKLY
BKTWEKN
San Francisco, Los Angeles and
New Orleans,
OVER THE GREAT—
SUNSET ROUTE,
LEAVING SAN FRANCISCO
Tuesdays and Saturdays
From Ta?sday, November 5, 18C5.
The moat complete, modern, elegantly
equipped and perfectly arranged Vestibulod
Transcontinental Train in America. New
Equipment, especially designed and built for
S nerT i<l e,- r , ■Sotain K spared to assure PEK
FECf COMFORI and the highest deeroe of
ENTERTAINMENT obtainable WHILB
livAV l^ljli-iG.
Direct connection* in New Orlonn*
for all Eastern points. Quiolc ttine.
Only one ohang*.
Take Your Wife
one of those handsome Pozeoni Puff Boxes.
They are given free with each box of powder.