The record-union. [volume], December 22, 1898, Page 8, Image 8

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

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8
STREET DUEL
AT CHICAGO.
Two Men Resort to Revolvers to
Settle a Quarrel,
One of the Participants Killed, While the
Other Escapes Uninjured.
The Tragedy Occurs in the Midst
of Crowds of Pedestrians Close
to the Passenger Depot of the
Northwestern Railway.
CHICAGO, Dec. 121.—1n the midst of
crowds of pedestrians on MeKenzh
street, close to the passenger depot of
the Northwestern Railroad, to-night,
two men engaged in a desperate en
counter with revolvers. One of them
was killed, and the other probably owes
his life to the fact that his antagonist's
weapon contained an empty cartridge.
Dennis E. Riley, a detective, is the
victim of the encounter, and his slayer
is Joseph E. Mayer of Pleasant Plain,
Wis.
The men had at one time been friends,
but lately had become estranged. The
old quarrel was renewed, when they
met on the streets to-night, and finally
Riley drew a revolver. Mayer then
drew his weapon, and the two men
stood facing one another with leveled
revolvers. Crowds of people scattered
in alarm as they saw the flash o? the
weapons, and Mayer and Riley had full
possession of the sidewalk.
The pause between the two men was
brief. Almost simultaneously they be
gan working the triggers of their re
volvers. Riley's weapon failed to art,
but Mayer's was discharged, and the
bullet struck his adversary above the
heart. Mayer then fired a second time,
and wounded Riley over the left eye.
The detective dropped to the sidewalk,
while Mayer advanced and stood over
his body. He was taken into custody
without trouble.
COAST INTERESTS.
Bills Introduced by Senator Per
kins and De Vries.
WASHINGTON. Dec. LM. —Senator
Perkins has introduced a bill extend
ing to the Hawaiian Islands the immi
gration laws of the Fnited States. Rep
resentative Barham introduced the
same measure in the House.
Representative De Vries introduced a
bill to avail the Fnited States of cer
tain properties and moneys in river and
harbor improvements in California and
to do specified work thereon by day
labor. This bill is simply to make avail
able any moneys appropriated by the
Legislature of California.
HAWAIIAN BILE.
The Senate Committee Completes
Its Revision of the Measure.
WASHINGTON. Dec. 21.— The Sen
ate Committee on Foreign Relations
to-day concluded its revision of the
bills providing a territorial government
for Hawaii, and Senator Cullom re
ported the changes to the Senate. There
It will
pay you
before purchasing to see and price
our holiday lines of
Opera Glasses,
Opera Glass Holders,
Opera Glass Bags,
Lorgnettes,
Gold Spectacles,
Gold Eyeglasses,
Gold Eyeglass Chains,
Thermometers,
Barometers,
Marine Glasses and
Telescopes.
The largest stock at the very
lowest prices.
CHINN, Optician,
526 X Street.
THE CROWDS who GATHER AFTERNOONS
AND EVENINGS AT
Steinmann's Jewelry Store, 612 J Street
Still continue to get rare bargains at the
AUCTION SALE.
111 rv k K*k |\ £\ /*V f\ O In the line ol Silverware, Opera
\ ! ArV IAU II IlllflSllN Glasses and Clocks are going far
iM/Til IS/111 IS \3\J\J\J\J below cost. Watches, Diamonds,
and beautiful Solid Gold Rings have been sold at not more than one half the original price.
Auction Sale Daily at 2 and 7:30 P. M.
Goods are being sold regardless of cost.
Now is the time to buy. Go at once. Don't wait.
JOHN F. TURNER, Conducting the Sale
were numerous changes, the most im
portant being as follows:
The section defining citizenship was
amended by striking out the word
■ white," and also the explicit refer
ence to Portuguese, and left to read as
follows:
"That all persons who were citizens
of the republic of Hawaii on August
21, 1896, are hereby declared to be citi
zens of the United States."
The request of one-fifth of the mem
bers of the Territorial House of Rep
resentatives is made sufficient to de
mand the ayes and noes, the original
requirement being one-third.
ONE CONSUL REMAINED.
The United States Had a Represen
tative in Spain During War.
WASHINGTON, Dec. 21.—The State
Department has instructed Vice Con
sul General Springer to proceed to
Havana and close up the affairs i>f the
United States Consulate General
there. The consular offices throughout
Cuba will not be abandoned just now,
but will be closed temporarily until
such time as thorough recognition of
the republic of Cuba, it may become
necessary to resume business through
them.
The Department as yet has taken no
steps toward reopening the American
consulates in Spain, and this probably
will be allowed to await the exchange
of ratifications of the peace treaty.
In the absence of the usual treaties of
amity and commeice, the status of the
United States Consuls who will be sent
to Spain will be somewhat indefinite,
but it is not doubted that they will l>e
afforded proper facilities for the dis
charge of their duties.
Curiously enough, one at least, and
perhaps more, of the United States
Consular officers remained at his post
throughout the entire war undisturb
ed. The officer was not an American
citizen, but that in itself would not
have protected him from the interfer
ence of the Spanish officials In the
making of his usual reports to the
State Department.
Another curious fact is that there
was received without intermission
throughout the war at the Navy De
partment a Spanish official naval pub
lication which had l»een on the ex
change list of the Department.
LIEUTENANT HOBSON.
The Hero of the Merrimac the
Guest of Denver Citizens,
DENVER, Dee. Ill—Lieutenant Rich
mond P. Hobson is the guest of the
city of Denver to-day. He arrived
from Kansas City at 4 o'clock this
morning, but remained in his sleeper
until 8 a. m. He was then met by a
committee of the Sons of Veterans,
and was escorted to the Brown Palace
j Hotel, where breakfast was served,
jHe was heartily cheered by hundreds
of people, who had assembled at the
hotel to give him a welcome.
During the forenoon he visited the
High School and the Manual Training
; School, and was introduced to the
! students, who received him most en
, thusiastically. He also called on Gov-
I ernor Adams.
At 1 o'clock the Sons of Veterans
I gave a luncheon in honor of their
i guest and from 3 to 4 p. m. a public
. reception will be held at the hotel,
jAt .*> o'clock Lieutenant Hobson gave
j his lecture on the ' Attack on Santi-
I ago" at the Taber Opera-house, for
the benefit of the Soldiers' Aid So
i ciety, and at t':4."> left over the Uniun
Pacific for the west.
GENERAL WESLEY MERRITT.
j Former Commander of the Philip
pine Troops at Washington.
WASHINGTON. Dec. LM.— General
Wesley Merritt has arrived at Wash
ington, and c alled at the War Depart
ment and the White House. He will
appear before the War Investigation
Commission, and inform them as to
the conditions attending the campaign
in the Philippines, a branch of the
campaign not exploited up to this
point.
'General Merritt the first of the year
will take charge of the Department of
the East, relieving General Shafter.
Everyone seemed to know of General
Merritt's presence as soon as he en
tered the building, and his reception
wherever he went was a wild ovation,
though not quite so vociferous as that
accorded to Admiral Schley on his re
turn.
BLISS* SUCCESSOR.
Ehan A. Hitchcock of Missouri to
Be Secretary of the Interior.
>N. Dec. LM.— The Presi
dent to-day nominated Ethan A. Hitch
cock of Missouri to be Secretary of the
Interior; F. Johnson of California to
be Register of the Land Office at
Marysville. Cal.
Mr. Hitchcock is at present Embas
sador to Russia. He was appointed
more than a year ago, and when the
rank was raised to an Embassador he
was reappointed. Mr. Hitchcock was
a lawyer and business man of St. Louis
and was for some time a plate glass
manufacturer.
Senator Proctor, who was in St.
Petersburg during the past summer,
says he is very popular in the diplo
matic corps.
HITCHCOCK CONFIRMED.
WASHINGTON, Dec. LM.—The Sen
ate to-day confirmed the nomination of
Ethan A. Hitchcock of Missouri to be
Secretary of the Interior.
THE RECORD-trtNTOis, SACRAMENTO, T&TTRSDAY, DECEMBER 22, IS9B.
DUNNING RELEASED
FROM CUSTODY.
The Objectionable Question Which
He Refused to Answer
Withdrawn by Attorneys for Defense in the
Botkin Case.
The Case for the Prosecution Closes
With the Testimony of Writing
Experts, Who Assert That the
Annonymous Letters, the Ad
dress on the Candy Boa and the
Note Accompanying It Were in
the Handwriting of Mrs. Bot
kin.
SAX FRANCISCO, Dec. 21—The
prosecution in the case of Mrs. Cor
delia Botkin, charged with the murder
o:' Mrs. John P. Dunning and her sister,
Mrs. Dunn, closed its case to-day.
John P. Dunning, who has been In
charge of the Sheriff for two days for
refusing to answer certain questions,
put to him by the defense, was re
leased from custody to-day, the at
torneys for the defense withdrawing
the objectionable question.
Mr. Dunning was the principal wit
ness to-day. He was hauled over the
coals by the attorneys for the defense,
who persisted in trying to intro
duce every disgusting detail in
the case, in spite of the
protests of the witness. who
ciothed his language as well as circum
stances would permit, but leaving no
one in doubt as> to its meaning. Never
theless, the Botkin attorneys persisted
in asking pointed questions, and in
sisted on the answers being given in
absolutely unmistakable language—the
language of the street. Dunning's ef
forts to save the ears of his listeners
met with the approbation of the more
respectable of those in the courtroom.
Carl Eisenschimmel, a writing ex
pert, was the first witness. His testi
mony was necessarily of an expert
nature, and showed almost conclusively
that Mrs. Botkin was the writer of the
anonymous letters, the addressee of the
candy box and the writer of the note
sent with the candy.
Dunning's testimony referred mostly
to the letters he had received and writ
ten from and to Mrs. Botkin, after he
left San Francisco for Cuba, where he
was a newspaper man in the field. He
explained that his) hostility toward Mrs.
Botkin commenced on his receipt of the
news of the means used in causing his
wife's death. He said that Mrs. Bot
kin was the first person he thought of
who would have committed the crime.
His other testimony referred to his re
lations with Mrs. Botkin. He exonerat
ed Mrs. Corbally and Mrs. Calimberg
of any wrong-doing in the case, and
told of their friendly acts to him and
his family.
Theodore Kytka, another writing ev
pert, was called and gave practically
the same testimony as his fellows,
Arnes and Eisenschimmel.
The prosecution then closed its case.
The defense will open to-morrow.
DROUTH SUFFERERS.
Feed for Stock and Seed for a Crop
the Most Pressing Needs.
KING CITY, Dec. 21—John N. Besse.
a prominent citizen of this place, made
the following- statement to a representa
tive of the Associated Press regarding
the reported suffering and starvation in
the southern part of Monterey County
and the northern part of San Luis
Obispo County:
'•While there are quite a number of
families in this section who have suf
fered by the long drouth and are in
need of some assistance, the two coun
ties named are amply able to care for
those who need aid. I desire to impress
upon those people at a distance who
wish to succor these needy people that
they need more than anything else feed
i'or their slock and seed for a crop.
Feed cannot be sent too soon, as the
stock is in great need of it right now,
more especially as the animals will be
needed for agricultural purposes, and
also for cattle running at large on the
ranges. The provisions which have
been sent here will doubtless be greatly
appreciated by many families who are
in straightened circumstances, but feed
for the cattle and seed for a crop are
the most pressing needs of the people
at large."
Los Angeles Frnit Growers.
LOS ANGELES. Dec. 21.—Forty fruit
growers assembled in the Chamber of
Commerce rooms to-day to consider the
possibility of securing lower freight
rates on citrus fruits. Many towns
were represented in the assemblage.
J. A. Graves stated the object of the
meeting, and presented a petition to
kO%AL Powder
Absolute ly Pure
Makes the food more delicious and wholesome
. ROVAV BAKINQ*OWDER CO., NEW YORK.
the railroads setting forth the needs for
lower rates on citrus fruits which was
adopted. A committee of three were
appointed to circulate the petition and
present it to the railroads.
TAX COMMISSION.
Supreme Court Will Hear Argu
ments on a Test Case To-Day.
SAN FRANCISCO, Dec. 21.—There
was an important conference to-day be
tween Attorney General Fitzgerald,
State Controller E. P. Colgan, Deputy
Controller W. W. Douglas and Chief
Justice Beatty of the Supreme Court.
The matter under consideration was the
payment to forty-three counties of
State commissions claimed to be due
them. These claims amount to about
a million and a half dollars.
The object of the conference was to
get the subject before the Supreme
Court as ?oon as possible. It was de
cided to take one county, Sutter being
selected, and petition for an original
writ of mandate to compel the Con
troller to settle with the Treasurer of
the county.
The Supreme Court will meet to-mor
row to hear the arguments.
SANTA FE COMPANY.
Completes Negotiations for Water
Front Property.
SAN FRANCISCO, Dec. 22—The
Santa Fe Railroad Company has com
pleted negotiations for the purchase of
a water front property in this city.
The price, $387,750, will be paid, and
the deeds recorded to-morrow. The
holdings to be transferred comprise
the block bounded by Harrison, Bry
ant, Main, and Spear streets, and of
Spear street facing the water front.
Improvements will be commenced oh
the property in about three months.
It is to be used for handling freieht
that is to come in via the Valley road.
The freight will be brought across the
bay from Point Richmond in cars
loaded on barges.
Suicide at Los Angeles.
LOS ANGELES, Dec. 21.—Arthur W.
Nutt, a resident of Chicago, who came
to Los Angeles on a pleasure visit, com
mitted suicide this afternoon in a small
station at the end of the Temple street
cable road, by shooting himself through
the head in a deliberate manner. Tie
rode to the end of the line, and as soon
as the car started on the return trip be
sat down on a bench in the State House,
pulled off one of his gloves and fchot
himself through the right temple. He
was about (55 years old. The cause of
the deed is not known.
Five Men Seriously Injured.
LA GRANDE (Or.). Dec. 21.—An ex
plosion of dynamite occurred four
miles west of Huron to-day, in which
five men were seriously injured, and
two of whom will die. The names of
the injured cannot be learned. Three
heavy blosts of dynamite were placed
in the rocky side of the canyon to be
excavated, and fired. Two exploded,
but the third was slow, and the men
thought the fuse had failed, and after
waiting a while returned to the hole,
when the charge exploded with terrific
force.
New Steamship Line.
SAN FRANCISCO. Dec. 21.—The
Panama steamer San Juan arrived to
day. The 'i-feh Juan brought news that
the Pacific Steam Navigation Company
and the South American Steamship
Company have perfected their arrange
ments for the maintenance of a line of
steamers between ports of South and
Central America and Europe. An effort
is being made to close a traffic agree
ment between the lines in question and
the Panama Railroad Company.
Mrs. C. C. Wyman Dead.
SAN FRANCISCO, Dec. 21.—Mrs. C.
C. Wyman, relict of the late Judge J.
E. Wyman, died at San Mateo to-day.
She was a pioneer and arrived in this
State in 1853. She settled, with her
husband, in Eureka, Humboldt County,
and there her family, consisting of Her
bert C. Wyman and Mrs. George A.
Knight, were born. Deceased was
well known throughout the State.
Josselyn Committed Suicide.
SAN FRANCISCO. Dec. 21.—Chemist
Morgan reported to the Coroner to-day
that as a result of his analysis he found
cyanide of potassium in the stomach
of Lockwood H. Josselyn, who was
found dead in the bathroom of his fath
er's residence on Sunday. The young
soldier, the cause of whose death was at
first a mystery, evidently committed
suicide.
Rev. Stebbins Improving.
SAN FRANCISCO, Dec. 21—The
physicians in attendance on Rev.
Horatio Stebbins announced this after
noon that there had been a marked im
provement noticeable in the condition oi
their patient, who yesterday suffered an
attack of heart failure, which at rtrst
was feared by the doctors and family
would prove fatal.
James G. Fair Estate.
SAN FRANCISCO, Dec. 21.—The
fourth annual account of the executors
of the estate of the late James G. Fair
was filed tn-day. It covers the period
from May 17, 1886, inclusive. The re
ceipts, including cash on hand, were
$554,639, disbursements $455,675, leav
ing a balance on hand of $96,964.
Large Order for Blasting Powder.
SANTA CRUZ. Dec. 21.—A local pow
der company has just received a con
tract calling for 65,000 kegs of blasting
powder, which will be used in the con
struction of a railroad in Oregon. This
is the largest single order for blasting
powder ever given in this country.
Matt Brannan Dead.
CARSON (Nev.) Dec. 21—Matt Bran
nan, a local pugilist, who was shot a
few days ago in the tenderloin by
James Moss, died this morning. A
Coroner's Jury is now inquiring as to
the cause of the shooting.
Justifiably Indignant.
The Policeman—A plain drunk, yer
honor.
The Prisoner—Plain! Plain! Phure,
yer anner, has a chimpanzee like that
the right to insult a lady?— New York
Journal.
There are 5,000 temperance societies
in London.
EVENTS ON THE TURF.
RESULTS OF COAST AND EAST
ERN RACES.
First Tenor Captures the Crocker
Stake at the Ingleside Track
—Other Winners.
SAN FRANCISCO, Dec. 21.—Results
of to-day's races at Ingleside:
Five furlongs. Jingle Jingle (Jones),
S to 1, won; Silver Beaux (Piggott),
11 to 5, second; Earl Islington (Stimp
son), 10 to 1, third. Time—l:o4%.
Jerry Hunt, The Fretter, Winifred,
Felicite, Nora Ives and Merry Heart
also ran.
Six furlongs. Lady Brittanic (Devin),
5 to 2, won; Prince Tyrant (Gray), 13 to
5, second, Robert Bonner, (Brown), 5
to 1, third. Time—l:l7. Highland Ball,
Cappy, Schnitz and The Flea also ran.
One mile, selling, four hurdles, Red
dlngton (T. Murphy), 7 to 5, won; Dur
wad (Tanner), 50 to 1, second; Major S.
(MeAuliffe), 7 to 2, third. Time—l:s4.
Tortoni, Viking, Ockturuck, Diabolita
and Rossmore also ran.
One mile, two-year-olds, the Crocker
Stakes, valued $1,200, First Tenor
(Thorpe), 16 to 5, won; Los Medanos
(Spencer), f> to 1, second; Survivor (H.
Martin), 5 to 1, third. Time—l:44%.
Casdale, Corine, Sam McKeever, Head
water and Baby King also ran.
Six furlongs, selling. Credo (H. Mar
tin), 2 to 1, won; Henry C. (Spencer),
12 to 1. second; Sevoy 104 (Jones), 4 to
1, third. Time—l:lß%.
Six furlongs, selling, Midlight (H.
Martin), 8 to 5, won; Cyril (Turner), 20
to 1. second; Ricardo (Jones), 60 to 1,
third. Time—l:l7. Lord Marmion,
Ed. Gartland 11. and Valencienna also
ran.
AT NEW ORLEANS.
NEW ORLEANS, Dec. 21.—Weather
clear, track lumpy. Results:
One mile, Moroni won, Locust Blos
som second, Can I See third. Time—
1:',().
Five furlongs. Dolly Weithoff won,
Pellmel] 11. second, Mrs. Jimmy third.
Time—l:o6%.
One mile, Blue Dan won. School Girl
second, Nannie Davis third. Time—l:46.
Six furlongs, Hulter won, Henrica
second, Nannie Davis third. Time —
1:20.
One mile, Our Chance won, Governor
Budd second, Voyager third. Time—
] :50.
A BRAVE ELEVATOR BOY.
Saves Scores of People From Injury
During a Fire at Chicago.
CHICAGO, Dec. 21—The Melrose
apartment, the largest structure of its
kind on the south side of the city was
almost completely destroyed by fire to
night, entailing a loss that will exceed
$100,000.
Scores of occupants of the building
were saved fom injury by the heroism
of Paul L. Fisher, the elevator boy em
ployed in the structure. Through
chuking clouds of smoke and almost un
endurable heat the boy made ten trips
with his car, and carried those on the
upper lloors to places of safety. Then,
exhausted from his efforts, he strug
gled! out cf the building, and was taken
care of by those he had rescued.
"The first intimation of the fire," said
E. M. Roberts one of the tenants, "was
the smell of smoke. I ran to the fourth
floor with Mr. Wells, and found a fire in
the sitting room of a vacant flat. Straw
and wood were burning, and Mr. Wells
and myself put out the flames, after
which we returned to our flat. On our
way up we found flames on the fifth
floor, where some wood and hay were
burned in a vacant flat on that floor.
This was put out, and when we re
turned to our flat the flames had reach
it. I will report my experience to the
police to-morrow."
Dr. E. M. Rosecrans. the owner of
the building, mortgaged it some time
ago to the Northwestern Life Insurance
Company.
PRINCE GEORGE OF GREECE.
The High Commissioner of Crete
Welcomed at Canea.
CANEA (Island of Crete), Dec. 2i.—
Prince George of Greece, the High
Commissioner of the Island, arrived at
Suda Bay to-day, escorted by the
British, French, Russian and Italian
flagships. He was saluted by the
forts and was welcomed by immense
crowds of people on landing. As soon
as the Prince was ashore a procession
was formed and he came here. The
route was lined by the international
troops. The Prince and his party
stopped before the church, where a te
deum was sung. He then proceeded
to the Government building, where
the Cretan flag was hoisted and salut
ed by the warships.
Weather Reports.
The Weather Bureau reports show
the highest and lowest temperatures
yesterday to have been 52 and 87 de
grees, with brisk to fresh and gentle
northerly winds and clear weather pre
vailing.
The barometrical readings at 5 a. m.
and 5 p. m. yesterday were 30.2G1 and
30.264 inches, respectively.
The highest and lowest temperatures
cne year ago yesterday were 4'J and 28,
and one year ago to-day 40 and 82 de
grees.
The average temperature was 44 and
the normal 47, showing yesterday to
ha% T e been 3 degrees cooler than usual
for the 21st day of December.
River, 8 feet 8 inches.
The rainfall for the twenty-four hours
ending at 5 a. m. yesterday was .20 of
an inch, making for this month 2.30
inches, and for this season 3.1*1 inches,
us against 4.38 inches to an equal date
lasPyear.
A Christmas Pointer.
As November brought peace, so De
cember brings the festival of the
Prince of Peace—the festival which
more than any other makes the news
paper a necessity in the social econo
my. An immense volume of business
will be compressed within the next
three weeks. But its movement, though
impetuous, will be systematic, for it
will be guided by the potent forces of
publicity. —Philadelphia Record.
The President issued his Thanksgiv
ing' proclamation early enough so his
mind will be easy if he concludes to
call an extra session of Congress.
lal4 i ili i 3 |f ,B ii •mm i fl fi a »I a BH ♦
■R***afl. B■ E . ■ Jf !■ 9 M mMa ■ ai 111 m m\Wßm •
■ Bkfi 11 V 1 VAI kl H ■ flm ■■11 \m l| ♦
j Christmas Gloves!
♦ ♦
*> — #
X What is more acceptable than a pair of Kid Gloves, or even •
% two or more pair? Something every lady is always in need of, •
£ and you cannot go amiss by purchasing them as gifts. If you do •
♦ not know the size or color, you can buy a neat card glove order •
♦ for any price, and as many pair as you desire. •
Toys at
Reduced Prices.
Several kinds of small games
at 8c each.
Child's drawing board, special,
at 9c each.
Doll buggies, worth $1.50, spe
cial, at 98c each.
Iron street ears and locomo
tives, at 10c each.
Little girl's sadiron and
stand, at 12c each.
Great variety of picture books,
at 12c each.
Good size rocking horse for
boy, at $1.15 each.
A wagon filled with ABC
blocks, at 15c each.
Down Quilts,
$5 and $6.
What a holiday gift! A large,
soft, fluffy down comfort, cover
ed both sides with fine French
sateen in pretty and unique pat
terns and soft blendings of
popular colorings, medium and
light; they p.re well made and
such warm friends as these will
well best prove the friendship of
the giver.
Opera
Glasses
Reduced.
Lemaire's manufacture, which
are known as the best; they are
splendid gift articles, and wo
show a variety of styles and
prices. Pearl tubes and leather
covered tubes, each pair with a
neat case, and every pair per
fect. Priced from $2.75, $3.50,
$4.50, $5, $6 and up.
♦
0
c
WASSERMAN, DAVIS & CO.
We stamp Bee Shopping Coupons.
SUPREME COURT DECISIONS.
SYLLABI.
(Sac, No. 382—Department One —Filed
December 10, 1898.)
A. G. Stonesifer et al.. appellants;
Paris Kilburn et al., respondents. Quiet
title. Affirmed.
An agreement to convey land at so
much per acre vests the equitable title
to the granting named in the agree
ment in the purchaser. When by mu
tual mistake the deeds executed in pur
suance of the agreement do not include
all the land intended to be conveyed, a
court of equity will reform the deeds
so as to include the land intended.
Then, as a court of equity would re
form the deeds, so as to give effect to
the contract according to the intention
of the parties by correcting the mis
take, there is nothing in the policy of
the law to prevent the parties from do
ing equity among themselves by agree
ing to correct the mistake.
Where a party has an equity and
also actual possession of the property,
a purchaser of the legal title is bound
to take notice. The law permits an
equity to exist but does not require or
permit It to be recorded; and when che
party holding the equity does all the
law will permit him to do, his equity
will be protected, and all who purchase
of a grantor out of possession must take
notice.
See Ryan vs. Ramerez 8 Cal., 467.
Also, Peasley vs. Hart, 3 W. C. Rep.,
023.
(S. P., No. 1382—Department One-
Filed December 10, 1898.)
Alice P. Poulson, respondent; James
Stanley, administrator, etc., appellant.
Quiet title. Affirmed.
Under Section 18.79, C. C. P., all per
sons are competent as witnesses except
those enumerated in Sections 1880 and
1881, and before a person can be held
incompetent or his testimony excluded,
it must appear that he, or the matter
upon which he is to be examined, is
within the provisions of the exceptions.
The exception in subdivision 3 of Sec
tion 1880 requires not only that the
witness be a party to the action and
that the action l>e against the admin
istrator of a decedent, but it must also
appear that the action is upon a claim
or demand against the estate of the
decedent, and that the testimony sought
from the witness is as to a matter of
fact occurring before the death of the
decedent.
The exception referred to does not
apply in an action for the foreclosure
of a mechanic's lien. Held, also, that
there is no difference in principle be
tween an action to establish a lien upon
property belonging to the estate and an
action to declare that the estate has no
interest in the property. The exception,
therefore, does not apply in an action
against an estate to quiet title.
The delivery of a deed is not a com
munication, within the meaning of sub
division 1, Section 1881, C. C. P.
(Sac, No. 361— Department Two—Filed
December .16. 1898.)
John Tuohey. appellant; J. N. Woods
and E. W. S. Woods, co-partners, re
spondents. Promissory note. Affirmed.
When a surety has shown that the
contract as to which he became surety
has been changed, he has then shown
that there has been an attempt to make
him liable upon a new and different
contract: and the burden is then upon
the other party to show that the sure
ty has consented to the new contract.
The shovel fish is so called because
it uses its nose to turn over the mud
at the bottom of the sea in quest of
the worms and small shellfish on which
it feeds.
Pocket Books.
Card Cases.
We are selling quantities of
ladies' purses and leather card
cases for gifts; they make a
nice present for your mother,
your wife or your lady friend;
they are of Morocco, and a va
rity of other smooth and rough
leather; we show a strong line
priced from $1 to $2.50, but the
best values we know of and
popular sellers are our 50c and
75c lines of purses; some of
them have sterling silver
mounted corners.
Housekeeping
Linens.
Beautiful bleached damask
pure linen sets, large cloth with
napkins to match; all with
fringed edges, handsome floral
designs, with distinct and rich
border of delicate pink, blue or
yellow*; useful and ace ay table
gifts for the housewife, at $3.50
the set.
Fur Neck
Scarfs, $1.25.
Black electric seal neck scarfs,
glossy and verm, finished at
ends with head and tail. Furs
are in high favor this season
and make elegant gifts.
Warm
Woolen
Waists,
$1.95.
These waists are made of all
wool *ricot, in colors red
brown, black and navy, the lat
est style, all neatly braided with
black soutache braid, in attrac
tive style; all sizes, 32 to 40.
Price, $1.95.
The Finest Turkeys in town at
CURTIS & CO.'S MARKET, 308 K.
PERSONAL MENTION.
Mrs. Preston Davis of Oak Park has
returned from a four months' visit to
friends in Indiana.
Misy Irene Segur has returned from a
visit to San Francisco, accompanied by
her cousin, Miss Florence Ferral.
Miss May Green is home from tha
State University for a brief vacation.
She is accompanied by Miss Grace
Wiltshier of San Bernardino.
A Minnesota party composed of H. O.
Seandrett, Mrs. Jane Seandrett, Mls3
Seandrett, B. W. Seandrett and F. M.
Rose, Jr., are at the Golden Eagle.
Clarence M. Willis, who has been
pursuing his studies at the Nevad.i
State University, Reno, arrived home
yesterday to spend the holidays with,
his parents.
WHAT HAPPENED TO JONES.
Now in Jail on Suspicion of Steal
ing Some Saws.
Charles E. Jones was yesterday ar
rested on suspicion of having stolen a
number of saws belonging to City Trus
tee J. H. Dolan. Jones admitted his
guilt and said he had sold the saws for
money with which to buy whisky and to
play the nickle-in-the-slot machines.
Jones is the man who about two
years ago ordered large orders of mer
chandise from local firms, representing
himself to be a chicken farmer living
near Folsom. He is thought to be
somewhat daft, though he seems to
have no trouble in appropriating to his
own use property belonging to other
people. ,
THE NEW GOVERNOR.
It is Settled That He Will Occupy
the McCreary Residence.
Governor-elect Henry T. Gage yes
terday visited the State Capitol build
ing and familiarized himself with the
location of the several State depart
ments.
Governor Gage has leased the Mc-
Creary mansion at Tenth and L streets
and it is now being fitted up for the re
ception of himself and family.
Joe Was Seemingly Cross.
Joe Cross was arrested by Officer
Kiggins yesterday for an alleged dis
turbance of the peace in Chinatown.
The Chinaman who complained, asserts
that Cross broke one of his windows
without provocation or authority.
The Shortest Day.
Yesterday was the shortest day of the
season, but It will be several weeks he
fore anyone will be able to detect any
difference In the length of the days.