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ESTEE'S CONTEST DISMISSED.
The Case Thrown Out of the Supreme Court. Some Talk of Carrying- It Before the Legislature. ■tacalcltrant Election OfTloer* Held for (•fiat — Register Staffer* — Btorin Aftermath — Paoillo Uoatt Kiel Gleaning*. By the Anooiated Frets. San Francisco, Dec. 14.—The action begun by Chairman Cornwall of the Re publican stat« csntral committee to con test the election of James 11. Budd, as governor, was thrown out of the state supreme oourt tbis morning. The oourt sustained the demurrer entered by coun sel for tbe defendants, tbe San Franoisco board of election commissioners, and refused to grant Cornwall's application for a writ of mandate tn compel tbe election commissioners to appear and show canrf why they should not throw out and refuse to connt tbe returns from 6r) precincts io this city in whioh there nave been irregularities. Tbe only alternative now left to the Republicans is to carry tbe conteat into the state legislature. In effect ths decision is that the de fect in tbe certificates of the precinct officers may be supplied at any time be fore the vote ie oanvassed. In tbis case the returns bad been so ameeded in all of the precinots as to conform to tbe law, so the supreme court wili not in terfere. The court had no written decision, and the case was quickly disposed ol in brief remarks by Justice Beatty. ESTKK HTILI, SHOWS FIGHT. M. M. Estee, Republican candidate for the governorship, still maintaius tbat if the votea in Ban Francisco were honestly counted he would have a plu rality in the etate. He favors continu ing the contest before the legislatare, wbere a recount will probably be held. KI.KCTION OFFICSRS HEM) FOR TRIAL. In the superior court this morning Judge Wallace rendered a decision hold ing ,i ame» Dunning, P. M. O'Connor and M. J. Gordon to answer before the su perior court on a felony charge, result ing from their neglect of duty as election officers in the Sixteenth precinct of the Thirtieth assembly district. TUE REHISTER HITKFKRS. George Pe'eraon, a porter at the Bald win hotel, who lives on Minna street, testifisd today in the Btulfars' caee in Judge-Wall ice's court, that State Senator Jerry Mahoney asked him to register as from tbe Baldwin hotel, stating he would "fix it all right," and told Peterson to go out in company witb Sternberg to tbo hew city ball and regiater. Peterson replied tbat he had already registered from his own residence. Mahoney swore at him and walked away grumbling. Phiß ia the lirst direct testimony tend ing to eliow that Mahoney waa the man hick of the Sternberg fraudulent regis tration from the Baldwin hotel. THE MEAGHER MURDER. Senaatlonnl nAvelciiim-ut.a at the Trial uf .lira, liryatl. Santa Kosa, Use. 14.—Tbere were ssnsationaldevelopmenta in tbe Meagher murder case today. Jobn F. Meagher, huaband of the murderod woman, waa on the etand all forenoon, and hie etory waa very damaging to the defendant, Mre, Bryan. He aaid he was reading to bia blind wife when be was shot. His wife was working bread when the first .shot was fired. He fell to the floor and was dazed for a time. His wife ran to him and cried out that her dear hus band bad been shot. Witness tben said he crawled up stairs, making a trail of blood as he went. He remained tbere awhile and relapsed into unconscious ness. When he recovered consciousness he crawled down stairs again and fell over tbe dead body of his wife. The most damaging part of his testi mony was when he said tbat during the night he heard a number of persons come into tbe house. He recognized Mrs. Bryan's and Mrs, Fowler's voices. Meagher was positive Mrs. Bryan and Mrs, Fowler were the pereons in the house. The other voice ba did not know, but it belonged to a young man and he bad heard it since, and would know it should he hear it again. On orosß-ezamination Meagher was roughly handled by the defendant's at torneys. He admitted telling Philan Fitz, a de tective, tbat if he (the detective) could secure tbe conviction of Mrs. Bryan, Johnnie Bryan and Mrs. Fowler, that he would give him $2UL). He said that Fitz afterward told him tbat he was in the employ of Stillwell, the detective em ployed by the defense, and denied vigor ously that he had promised fIOO to Fitz to secure Mrs. Meagher's watch and bury it in Mrs. Bryan's yard to throw suspicion on tbat person. He also de nied that he had promised one Jensen of Sebaetopol $1000 to get enough in formation from Mrs. Bryan's brother, Robert Hardin, to convict her. He be came very indignant at the pointed questions of defendant's attorneys, and said that they and several others were in a conspiracy against him. Several other witnesses testified as to the foot prints and other signs around tbe premises after the murder but no very important evidence was adduced. GREEN IN NAME ONLY. A Younp Man Arrested for [Swindling at N. «rtl.«. Needles, Cal , Dsc. 14, —Charles A. Groan, special agent for the Massa chusetts Ban elit File association o Boston, Mass,, was arrested here last e.nning by United States Marshal Frank Worrell, charged with obtaining money under false pretenses. lie was taken to Williams, Ariz. Green represented that he was a special agent (or the insurunco company and was collecting for them, whilo he was not In their employ at all, having been discharged six weeks r.go. He suc ceeded in cashing bouib of his bank chec'is iv several places in Arizona wh'ch were drawn on the Arizona Cen tral bank of Flagstaff, Aiizono, in which hs had po funds. He endeavored to cash some of his chscas here, but failed. Ho is a voting and prepossess' iug gentleman and a smooth talker. Rain Again Falling. Sacramento. Deo. 14.—After a few days of clear weather, rain commenced falling here tonight. It is coming down lightly, but the outlook is good for more. No smell, smoke, fishes and trouble; nothing nut heat—Electric <il heater. Furrey company, 101 N. Spring st. AN ABANDONED BARK. Tba .lotaa Wortter Lost—Narrow X.cape of the Crew. HofibiAM, Wash., Deo. 14,—Barentine John Worster, Captain Stevenson, ooal laden, from Seattle for Ban Franoisco, was abandoned Tuesday afternoon 40 miles off Gray's Harbor. The orew ol 10 men, who had been for days at the pumps, were picked up in a distressed condition by the barkentine North Bend and brought here. Arbrdben, Wash., Dec. 14.—The fol owing is from the sworn statement of two sailors on ths barkentine John Worster, the loss of which has been re ported : "We were sailors ou tbe barkentine John Worster, 581 tons burden, loaded witb ooal at Seattle and bound for San Francisco. We left Seattle December Ist. The barkentine at tbat time was staunch and strong. On December 7th, in a gale of wind off Cape Foulweather, on tbe Oregon coast, she began a leak. On December Bth, after she had sprung a leak, we started for Cape Flattery. The wind hauled to the west and we had to head the ship to the southward to keep her head to the sea. The sea washed over her, and the mate was washed against the lee way and fractured bis leg. One man hurt his back and was disabled from duty. Tbe second mate fractured one bone in his arm and was otherwise in jured. We heaved oil bags over on tbe tbe 7th. On December Bth tbe wind hauled to the southeast, and we agatn ran for tbe sound. We had three feet of water in the hold. On December 10th the wind again shifted to the west, and we were again obliged to turn to the south to keep ber bead to the sea. The sea was breaking all over her. Oil bags were over tbe weather sides to keep the ship from shipping water. The water gained, and the crow gave out from ex posure and hardship. Later in the day the wind hauled to tbe south, and we again headed for Cape Flattery, the ship getting deeper in the water all tbe time. The men had to lash themselves to tbe pumps to keep from being washed overboard as tbe sea was wash ing over her. Wbile lying to we shipped a heavy sea that washed one boat and stove in the forward house, broke tbe galley stove and washed the kitchen utensils overboard. On Deoember 11 the wind again hauled to tbe westward, with heavy Bqualls and heavy beam seas. The Bhip got so deep in the water that we were almost unable to get to the pumps. We prepared tbe boats for lowering, but tbe sea was too heavy and we decided to stay by tbe ship as long as possible. At noon the wind got less and tbe barkentine North Bend hove in sight. We displayed signals of distress. She stood by ub until 4 o'clook in the afternoon, when we lowered one boat and got safely aboard of her. We landed at Hoquiam, on Gray's harbor, about 4 o'clock on December 13. We saved nothing from tbe ship except the chronometer and what we were stand ing in." THE MONTSERRAT. Fain Entertained for the Safety of the Faraum Blackbirder. San Francisco, Dec. 14.—The steamer Montserrat, the notorious "blackbird er," is overdue nearly four days from Nanaimo. The vessel is loaded with coal. I' ti less she bas broken down ths banes] are tbat she has gone to the bottom. Captain Roberts of tbe Farallon fears for the safety of tbe Montserrat. All tbe way down he saw nothing of ber. Capt. Merriam of tbe India did not bring any encouragement. Tbe Montserrat first came into notori ety several years ago, when sbe took a cargo of Gilbert islanders to the Central American coast. Tbe natives had been engaged under contract to work on the coffee plantations, but the wording of the contract made them little more than slaves. Captain fergnson first chartered the brig Tahiti to do the work, and a cargo of men, women and children was put on board the vessel. The brig was driven out of her course by a storm and landed at Drake's bay. Captain Fer guson came to this city tor material, and by chance his live cargo was discovered. The authorities could not stop tbe ves sel, however, and she was allowed to de part. The Tahiti never reached her destination, for she turned turtle and all hands were drowned. Captain Ferguson did not sail on the brig. MISSING COASTERS. Anxiety Felt for a Number of Overdue V'eaaela. Port Townsend, Wash., Dec, 14. — Much apprehension is felt in shipping circles for the safety of several old coast ing vessels which went to sea a few days prior to the reoent storms. Tbe fresh lumber which is strewn along the beach below Cape Flattery has been tbere for the last 10 days and much speculation is indulged in regarding the identity of the vessel from wbich it came. Tbe bark Columbia, lumber laden, from Port Blakely for San Francisco which passed Cape Flat tery a week ago today, waa not in the best condition to weather heavy storms wbich incoming vessels experienced. Some anxiety is also felt for the collier Germania, bound irom Seattle for San Francisco, wbich sailed December 2d. Tug boats are keeping up a vigilant watch off Cape Flattery for news oi vessels in distress. WEATHERS THE STORM. The Norwegian Bark St. John Keaehea Port. Astoria, Dec. 14.—The Norwegian bark St. John arrived here, having weathered tho recent storm iv good shape. On several occasions, the cap tain states, bis vessel heeled over about 50 degrees, the witter washing clean over her decks. Oue of tbe Bailors of the pilot schooner Sau .'use, wbich brought the St. John into the harbor, bad a re markable eecape from drowning Sunday. Ho wed washed overboard aud carried quite a distance from the schoouer, but as tbe sea returned it landed him in safety on deck. unknown for Salvage. Port Townsbnd, Wash., Dec. 11.—The Aluska Commercial company, owners of the sioaraer Hernia, today libelled tbe British ship Scottish Dalas, which was towed into port dismantled, for $10,000 salvage. Tbe vessel wiil file bonds for ber release next Monday The captain erf the Scottish Dales offered to pay $1500 salvage. Berkeley unknown Punished. BftnKRi.KY, Cel., Dec. 14.—1n the mat ter of the Campbell hazing, tbe iacnlty of the university disposed of the affair by reprimanding two of the students im* plicated in the episode and have sus pended the others concerned for two weeks. LOS ANGELES HERALD SATURDAY MORNING, DECEMBER 15, 1804. ANDY BOWEN IN A BAD WAY. George Lavigne Knocked Him Into a Dead Trance. A Sensational, Perhaps Fatal, Prize Xi tr li t at New Orleans. Bowen Pat Into Saoh ■ Bound Bleep in the Eighteenth Round thet Be lie. Not Yet Beoorered Oontoioainaee. By tha antedated Press. Naw Orleans, Dec. 14.—George La vigne and Andy Bowen fought tonight tonight in tne Auditorium club in tbe presence of about 1400 people. Tbe purse was $3000, divided, $2500 to tbe winner and $500 to tbe loser. John Duffy was referee. Billy McCarthy, Billy Lay ton and Al Spitzaden looked after Bowen, while Van Presg of Chi cago was time keeper. Bam Fitzpatrick, Jim Hall and Martin Murphy looked after Lavigne, and George F. Considine of Detroit held the watch (or the Sagi naw Kid. Referee Duffy announced before the fight that a decision would be given at the end of tbe twenty-fifth round—in other words, the contest would not be declared a draw. Both men were overweight, Bowen weighing 133 and Lavigne 135 The weight agreed upon was 130 pounds. In the first round Lavigne slipped to tbe floor twioe. Up to tbe third round he was rather the aggressor and had the better of the fighting, though Bowen landed some stiff body blows. In the fourth, Lavigne had all the best of the fighting, landing several right-handers ou Bowen's face, staggering him. The fifth and sixth rounds were also in Lavigne'a favor, though little or no effective woik was done. In the seventh Bowen waa cnt over the eye. Lavigne looked every inch a winner. Tbe eighth and ninth were both Lavigne'a. Bowen was clearly out classed. At the end of the ninth ronnd Bowon was winded wbile Lavigne was seem ingly as fresh as when he began. In the tenth and eleventh Lavigne had much the bstter ol the fight, Bowen be ing knocked all over the ring. In the twelfth and thirteenth rounds it was the same old story, Lavigne did all tbe forcing. In the fifteenth Bowen wae nearly downed by a right-hander on the jaw and wonld have been floored had not the gong saved him. In the seventeenth round Bowen was knocked down. He received terrible punishment though ho took it gamely. In the eighteenth Bowen was knocked out. He fought a game tight but was never in tbe contest. Lavigne fought fairly, but furiously and deserved vic tory. Bowen was carried limp and senseless from the ring by his seconds to hia room, where Doctors Kenny, Schupert and Barnum waited on bim to bring him to consciousness. There was great excitement in the man's room, with the fear that he might die entertained by all present. Dr. Hanna, who bas bad much practioe on victims of boxing matches, said Bowen was evidently suf fering from concussion of the brain. One of the bad symptoms was that the pupils of the eyes wore different colors, and frequent vomiting caused the man's friends much alarm. At the hour of this report (11 p.m.) Bowen is still in a bad way. New Orleans, Deo. 15.—At 3:30 a. m. Dr. 1 inner, the attending physician, issued a certificate tbat Bowen was im proving but bad not recovered con sciousness. He did not think Bowen in immediate danger. Tbe police have ar rested the whole Lavigne party and Referee Duffy. THE RUNNING TURF. Horses Turn Somersault! on tho Bay District Track. Ban Francisco. Deo. 14 —Pop Gray saved the talent from a clean knockout today. He was a 2 to 5 favorite and won, bnt all tbe other events went to outsiders. The third and fourth races were sensational. Ia ths third, Chic quito led into the stretch, but was col lared by Gold Dust, who was coming very fast and who looked a aure winner. Seventy yards from the wire, however, Gold Dost turned a somersault and Ohic quito won. Little Chevalier was stunned by the fall, but was able to ride in the next raoe. In tbe fourth, at exaotly tbe same spot, and nnder the same circum stances, Jake Johnson, ridden by Hem« richs, fell and Pop Grey won. Six furlongs, selling — Carmel won, Grandee second, Catch Em third; time, 1:22' 4 . * Five and a half furlongs—Modesto won, Major Ban second, Alcyone third; time, lilfejjtf. Five and a half furlongs—Cbicquito won, Johnny Payne second, Conuangbt third ; time, 1 ilti'i. Six furlongs, selling—Pop Gray won, May Day second, Rioardo third; time, 1:22. Five furlongs, selling—Banjo won, Pa trol second, George F. Smith tbird; time, 1:16, CRESCENT CITY BACKS. Now Orleans, Dec. 14.—Seven fur ongs: Miss Gallop won, Theodore H. second, Baby Bill tbird: time, 1:3 l). Six and a half furlongs—Yonng Arioo won, Prince Imperial eecond, Revenue third ; time, 1:23. Six furlongs—Burrell's Billet won, Ben Spring ssoond, Luke Parks third; time. lsU& One mile—Clara Baker won. imp, Woolsey eecond, Bonnie B. third; time, I:42*^. Six furlongs—Dr. Work won, Flush second, Red Veil third; time, 1:10. . MADISON RESULTS. St. Louis, Dec. 14.—Five furlongs— Dr. A. S. won, Importer eecsnd, Irene T. third; time, 1:10. Fivo and a half furlongs—Orphan Boy won, Larry Kavanaugh second, My Partner third ; time, 1:1G>.,. Four furlongs—Censur won, April Fool second, Courtney tbird; time, 1:10J-'. Five furlongs—Verbena won, Little Lewis aecond, Jessica third; time, 1:0;». Mile —Pestilemo won, Fonsbay sec ond, Southeruest third; time, 1: V.V ,. Eestern and San Francisco Races. Tbe Metropolitan Turf club. 12H West Second street. Entrance also on Center plaoe. Dnrkee &. Fitzgerald, proprietors. Tbe New Orleans and San Franoisco raeos are now being posted. Direct wire to room. Full description given of eacb event and track odds laid. Eastern races begfn a) 12 m. Los Angeles time. Entries put op every evening. A book made on all sporting events oi import ance. WILL USE THE MOJAVE RIVER. When the Desert Will B'ossom Like an Onion Bed. A Great Scheme to Water the Whole Mojave Valley. Though He Hae Hie Own Little Ootopue to Play With Colli.' Nephun Talk* or Railing Veg etable*. H. E. Huntington, the man who nestles cloßely in tbe arms of a giant octopus of the railroad variety, and seema to enjoy it, and who, not content to be fondlod by tbe octopus of his Uncle Collis P., must needs have a baby octopus of his own to play with, was in the city yeaterday. Mr. Huntington conaented readily enough to talk to a Hkhald reporter, and with tbat pleasant manner kept constantly on hand by all well-regulated railroad men for use at newspaper in terviews, he guided the somewhat sin gle-handed conversation'safely past tbe rocks and shoals in the track of the railroad situation out onto the Mojave desert and tbere he let it drift onto a scheme all Southern California will be interested in—tbe development oi some 250.000 acrea of land through irrigation. Tbe scheme is a gigan'.io one aud in volves tbe building of a great water sys tem and the ntilization of tbe power of a tremendous waterfall to operate, the machinery of a rich mining district. "We shall use the water of tbe Mo jave river to irrigate the land, taking it from tbe river four milea above Dag gett," said Mr. Huntington, with much the air an ordinary man would use if he were talking about taking water out of a hydrant to irrigate a cabbage bed. "Al ready we have four miles of main canal constructed and seven miles of laterals, putting about 1500 aores under water." Mr. Huntington talked liko a farmer for a wbile, then, but he kept right on looking like a railroad president and smoking a cigar, the like of which a rancher couldn't think of smoking on Christmas morning if be owned the whole Mojave desert and had it under irrigation and eet out to asparagus. "The land baa been experimented with sufficiently to prove that it will grow vegetables of all kinds," he said, glancing at the cigar the reporter was smoking, as tbougb it had, perhaps, put him in mind of vegetables, posßibly cabbages; "and deciduous fruits, too," he added. "As soon as tbe rainy season is over, we shall put in a submerged dam, and, altogether, before we get through, will expend three or four hundred thousand dollars in the venture. Tbere are, trib utary to the location of the water works, some 240,000 acres of land which is open to settlement, though not over one quarter of tbis will be under irrigation within the next three or four years. Nearly 9000 acres have already been sold at private sale. "No, it is not all railroad land." This in reply to a question. Mr. Huntington spoke as though the question might have raised the roof slightly and let in a cold draught on him. He teemed cooler at once. "There ia plenty of government land there—government land wbich can be had by eimply uaing water trom onr eyatem on it to reclaim it from the des ert, bs it were. Tbo land ia all in tbe Mojave valley, but it ia a little dry over tbere—a little dry, you underatand. "We are going to develop power over there, too," eaid Mr. Huntington, thaw ing out a little after the port. He didn't Bay that it would be the kind of power that Oollia P. has been developing all bia life, tbe power of giant monopoly; he left that for the newspa pers to cay later on. He said water power. "Near Mineola,—by the way, I never heard of Mineola until today; that's cur new town over tbere—is a waterfall, a vertical waterfall of one hundred feet. Out of every thousand inches ol water we are going to get 250 horse power. This power will be naed to pro pel the machinery at the mines in the Calico district near by. It's • great scheme." Mr. Huntington smoked meditatively for awhile. He was thinking of tbs great scheme, no doubt. He is a great man for great schemes. He learned it of Collis P. "This will help your business inter ests here," he said, witb a little of tba philanthropist in his manner. "Los An geles will he benefited by tbe develop ment of that great interest over there. We will greatly cheapen tbe cost of run ning tbe mines and aid in developing a great country. People will tben buy supplies in tbis city." "I suppose, now that I am being inter viewed, you will want to know all about my trip here. Well, I will tell you all. I came in this morning from Dagget and shall remain until 4 o'clock ; then 1 will go to San Diego." Tbere wasn't any merry twinkle in Mr. Huntington's eye when he gave out all this Btartling information about his movements; neither was tbeir any hes itancy on his part or seeming attempt to hold back anything. Hejußtßimply opened tbe floodgates of his very soul, as it were, and told tbe reporter all. "Interviews are good things," he eaid. "The people like to read them. Tbe Kxaminer rnns to interviews, you know. Perhaps tbe Herald will want to be like the Kxaminer now, eh ?" Tben with a hand-shake and a "Gen eral Arthur," Mr, Huntington dismissed tbe reporter. SAVE FIKIM CAPTURE). Rain Obliterated the Track! of the Fort Thomaa Sttig-e Itnbbor. Tccson, Ariz., Dec. 14.—Prospects are tbat the lone highwayman who held up he Solomonville and Fort Thomas stage at Big Hollow last evening will not be captured. At daylight tbis morning n deputy United States marshal and posse left Howie station in a rain storm which has prevailed for two days for the scene ol the robbery. They were unable to trail tbe bandit from the arroyo, as the rain bad obliterated his tracks. The officer and posse were compelled to abandon the search aud .atuin to Bowie tiil fair weather prevails. The opinion is tbat tbe robbery was committed by some one living in Graham county who wsb at home a few hours after tbe hold up, knowing he was safe to seek tbe shelter of his own roof, us the storm would mako it impossible to trail him. It will not be known for several days how much the highwayman got from tbe mail. If you want to do good cooking and nave 30 per cont ot coal, you should buy the Ulenwood range, Funey company, 101 IN, Spring et. JUSTICE TEMPERED WITH MERCY A Verdict of Manslaughter in the Ashworth Case. Au Attorney's Tardiness Delays Proceedings. Attorney Woolner Oltert to Appnnr for Contempt of Court, but Krdeeini Ilimiolf In Ilia Ar gument. Each succeeding day some new devel opment in tbe Aahworth murder caae hae spurred the interest ol tbe public. The vagariea of defending counsel have been, throughout, bordering on the phenomenal, and yeaterday was no ex ception to what had become an eetab* lished rule. After preliminary matters had been disposed of by Judge Smith, yesterday, and the jury in the Aahworth case called, it developed that Mr. Woolner was absent. Tbe telephone wirea were kept hot for several minutes, but be could not bo found. Mr. McAllister, the court reporter, stated that Mr. Woolner had been in his ottiee the evening pre vious, until 'J o'clock, going over the tes timony in the case, and had announced bis intention of relying upon the trans cription of certain evidence, rather than go down to Wilmington and take Mrs. Osborne's deposition. Mr. Gage facetiously suggestsd that a bench warrant issue for his arroat. Rather curiously, while tbe court was waiting, patiently awaiting, the arrival of the counsel, Mr. Bledsoe, late of counsel for the defense, came into court and occupied tbe seat generaiiy filled by Mr, Woolner. Such profana tion could not be endured, and, on tbe instant, Mr. Woolner came rushing into the court room, nearly three-quarters of an hour late. lie was profuse in apology for tbe delay caused and the excuse, so hoary with age tbat it has hirsute appendages, about the variation of time pieces, was offered to the court. Judge Smith was peremptory. "You will appear tomorrow morning, Mr. Woolner," he Baid, "to show cause why you should not be fined for contempt of court. I'm not going to have any such work here." Unabashed, the attorney acquiesced and the trial of the case was resumed. As on the day previous, the court room was crowded witb spectators. Wm. Carson, uncle of deceased and a wealthy land owner at Wilmington; Mrs. Manuel Watson, widow of deceased, and other ladies of the family remained in the court room throughout the day and list ened to tbe arguments of counsel. Mr. Qage reminded tbe court that the jury had desired to examine the wagon driven by defendant, and intimated that it was close at hand for inspection. Judge Smith had apparently changed his mind, for, although he had ordered Patricio Watson to bring the wagon£to town, he intimated tbat while the stat ute provided for a jury examining a house or premises ot any kind it said nothing about examining a piece of per sonal property. For that reason he re fused to permit the jury to examine tbe wagon. The prosecution sought by recalling the witness Pearson to cast some light upon the question of tbe noosed rope found in Asbworth's wagon, and which the defense sought, largely by implica tion, to show belonged to Manuel Watson. The court sustained the objection oi the defense relative to tbe introduction of auy such testimony, and the evidence in rebuttal clossd. Both sides having rested their case the court informed counsel that argu ments mußt close not later than 4:30. Tbe defease were willing to submit the case to the jury without argument, but tbe prosecution thought, as the case was, in some respects, of a complex character, seme argument ought to be made. District Attorney Conklin opened for tbe prosecution and occupied one hour in his address to the jury. He reviewed the testimony very briefly, but covered the caso very fully. Mr. Woolner followed for the defense, and showed to much greater advantage than when acting as examining counsel. For about two hours be addressed tbe jury and attempted to explain many in consistencies of tbe defense set up, and at the same time made some very good points against the prosecution. While his vehemence at times bordered on the hysterica], and not infrequently he stepped outside the record, his argu ment was very fair and much better than had been anticipated. When Mr. Henry T. Gsge began his argument tbe somewhat flimsy struc ture pieced together by tbe defense gave way. With analytical keenness he showed tbe impossibility of the killing having been consummated as alleged. Until £0 minutes past 4. within ltl minutes of the time limit set by Judge Smith, he argued away tbe masß of superfluous testimony and made a striking presentation of the bare facts for ths consideration of the jury. He concluded with an earnest and powerful appeal to the jury in the name of the widow, who bad sat throughout tbe day silently weeping when any cruel thrust was made at the memory of her dead husband, that tbey should not return a verdict of murder in the first degree. The instructions of tho court were long and took Judge Smith nearly 45 minutes to read. Shortly before 5 the jury retired. At 5:20 they returned into tbe court room with a verdict of manslaughter. Bt-n Bsnion'i SulTnrlasr Ended. San Bernardino, Dec. 14 —[Speoiai.] Ben Benson, tho Swede who was injured by tbe cavingof an embankment in Red land Monday, died at the county hos pital today. Benson was working in a pit when a mass of earth tell, throwing him backward, and in falling he struck the point of a pick, which penetrated tbe pelvic cavity, lacerating the intes tines so that surgery could not aid him. He lingered in great «<:ony until today, when death m. An Historic Handing Knrned. Lewiston, 111., Dec. 14. —Lewiston's historic court houso burned down today. A dolective flue was the cause. Lincoln delivered his famous speech in it iv 1858. Most of tbe records ws's saved (' jjjrt was in session at the time. The Week's Failures. New York, Deo. 14.— R. G. Dun & Co.'s review will say tomorrow : Fail ures for the past week have been "41 in tbe United State?, againßt 335 lost veur, and 40 it> Canada, against 40 lest year. No smoke or odor in your rccm when you use the Electric oil heater. Furrey company, 101 li. Spring at. Dr. Price's Cream Baking Powder Awarded Gold Medal Midwinter Fair. San Francisco. DIED OR FRIGUE. An Old Lady'e Nliiirular Death at Ban Hernardln n. Pan Bebnatidiso, Dec. 14. —Mrs. Eliza beth Ashbaugh died at 9 o'clock thie morning from tbe effects of a shock which she received at a fire the evening before. Mrs. Ashbaugh lived with her Bon-in-law. M. 0. Robertson, whose bouse on Mt. Vernon avenge was com- destroyea Thursday evemug. When tbe fire was at ita height, Mrs. Asbbangh's little b-year-old grandson was missing, and a hurried search was instituted for the boy, but without dis covering him. The child's father went acroßß the street and hunted among the crowd of people attracted by tbe fire, but failed to rind the missing boy. When word was brought back that the child was not to be found, Mrs. Ash baugh, who was 72 ysars old, was struck speechless with fear, lest her grandson was in tbe burning building. Soon sbe swoonod away, and all efforts to revive her failed, although it was thought tbat it was nothing more serious than a fainting spell. Hut aa she did not revive a physician was summoned. He soon discovered that ahe was Buffering from a stroke of apoplexy. Every effort waa made to revive her, but with only partial success. The boy who had been lost in the crowd, but was found alter the fire, safe and sound, was brought to her, hut bis presence did not undo tbe harm tbat bia absence had cauaed, and Mrs. Ashbaugh gradually grew weaker, until yesterday morning at 9 o'clock, when she died. An examination after death showed that a blood vessel in the brain had been ruptured, causing apoplexy, which resulted in death. THE WORLD ON WHEELS RUMORS OP A PASSENGER RATE WAR DENIED. Southern Paolfto Employees Here Oo Mot Heller- Salaries Are to Be Reduced—Railroad Motes. Rumors of a passenger rate war, which have been rife on the streets and about the hotels for the past 10 days, gained strength yesterday when posi tive assertion was made that the war would be inaugurated before Christmas, No authority was given for ths an nouncement, but the effect was suoh that several parties who contemplated going east held off to await develop ments. Scalpers, in order to block the regnlar agents ia making sales, called attention to the war of 10 months ago, and urged that the compact between tbe Santa Fe and Southern Pacific, which resulted in a restoration of rates at that time, was faulty and either road could break it without fear of penalty. Inquiry at the regular < flices of both transcontinental lines, and also oi agents for eastern roads, developed that tbere is no pros pect of a war in passenger rates. In fact tbe lines are closer than ever on the proposition uf maintaining rates, both passenger and freight. Circulars from headquarters of tbs several lines also demonstrate tbis assertion. The com missions formerly paid to hustlers or street men bave been called off. This will shut out the business of agents for jerkwater lines, who control some travel by dividing tbe regular percentage com mission witb passengers. As regards freight rateß, there was a slight prospect of a raise in rateß, but the reappointment of J. S. Leeds as tbe manager of the California Traffic associ ation makes the Southern Pacific fearful that the old line of steamers between San Francisco and New York, via Pan ama, will be re-established; so Hunt ington &. Co. have concluded to let well enough alone, and the rates will not be raised. THE BOYS DON'T BELIEVE IT. The Southern Pacific employees in this ci'.y, despite the reports from San Fran cisco, do not believe their salaries are to be reduced 10 per cent. The boys say the scale is low enough now. Whether tbe proposed reduction will affect train men, especially engineers and firemen, is not known, but if it does there ie liable to be trouble, despite tbe result of the late strike. LOOKINO FOR A JOB. Madeline Pollerri'n Frultteii Kffurti to Obtain Employment. Naw York, Dec. 14. —A Boston lady a few weeks ago advertised for a Frenob maid to take charge of ber children and accompany her abroad. Among those who answered the advertisement was Miss Madeline Pollard. Referring to the matter Miss Pollard today said: "I can't see anything wrong in answsring tbe advertisement. I don't know who got tbe letter. The adver tisement was signed by initials only. In my letter I said I was not French, bat that I felt myself capable of per forming the duties of governess. I thought that was an opportunity of do ing something, but I never received a reply. "I have answered a number of adver tisements in the hope of receiving em ployment, but everyone has been a fail ure." When asked about hor plans, Miss Pollard said: "I shall be compelled to stay here, as I have not money to go elsewhere. My brother has work as a compositor in a little job office, and Miss Ellis, who has been my staunch friend through my troubles, gets Borne sewing to do, and we succeed in getting along." Mits Pollard said that she bad tried to enter journalism, but her efforts in tbat direction in New York had been fruit* lens. AUCTION! OF Furniture and Carpets AT SALESROOMS, -4-13 S. SPRING ST., FRIDAY, DEC. 14., 2 P. U. Consisting of 70 assorted bedroom suiti. (!5 assorted bedsteads 60 eliuirs ami nickeis. riuo yards of u i, ,v llrussels carpets, rugs, lace cur lams, beddinii, sprinirt, extension Üb!e«, >ide boarus, tollkt sets, etc, The entire oitsring is ptromplory c*gRJ»-Ladies are invited. C. M. STEVENS, Auctioneer. Painless Dentistry Fine Gold Filling' / All Operations njp Painless, I'lLfVf Hoom. 18-3,8, YACATIONJS NEAR. Teaching School Is a Weary, Tedious Lot. I'up ?■ Drain Teaohera of Nervoua Ed argy — Tllera Must Ra No l),laf Id Kneplne; BralQ and Neivnl Wei! Fad. It ia a fearful trado—thia teaching achool. A horde of restless, growing boys and girls—no wonder every day slowly brings down the strength and nervous power of the hard-working school teacher. "Tired as. a achool teacher" would ex press the utter languor and collapse that so few escape before the long we6ks are over. Of all the work open to girls and women, school teaching seems to wear hardest on brain and nerves. Each day it not able to make op for the nervoue expenditure of tbe day before, and so there comes the ubusI result of nervea hard worked, but badly nourished; tbe frequent sick headace, ioes of strength, no color in lips or cheeks, low spirits, nervousness, and distaste lor work. What is needed is at once plain to every physician's eye. He says at a glance: "Your nerves want more food." Get some red corpuscles into your thin blood—tbe red corpuscles mean health. Paine'a celery compound will cause freBh, ruddy blood to circulate through the veins, and will give an impetus to the weakened digestion. Thin people with depleted or impuro blood, who are easily attacked by lung disease and chrcnic ailments, get stronth and an in crease of solid, healthy flesh from Paino's celery compound. It gives vigor to weak mothers and makes growioc children robust and hearty. Nervous) women, not actually sick, but nevei really well, who are a harden to them* Belves as well as to others, find just the help their system craves to restore them to sound health and happy frame of mind. Healthy color, animation, clear eyes and a well filled out frame, the signs ol health that never fail, come from the reaaonable use of Paine's celery com pound. It is peculiarly adapted to cor recting the depressing effect on the sys tem of long hours of hard, trying work in the school room, behind tbe store counter, in the office, and wherever there is a constant strain on the nervous Bnd physical system. GRESTA BLANCH SOUVENIR VINTAGES. Gold Medal Paris Exposition 182? HIGIIE3T AWARD WHEREVER EXHIBITIONS HAVE BEEN MADE. CRE8TA BI.ANCA Is situated a few tnltea south of the town of Livermore, Alameda county. It wa specially selected on account of soil nnd climatic conditions whica 15ave promiso of the highest poasible excellence ia wines of the Sauterue Bnd Claret types. No mistake was made iu thia selection, for today CKBSTA RLaNcw wines compare fi.voru.bly with the iineet Vintages of France and are served to the ku"Ms of all the leading notels, restaurants and club* on the Pacific Coast. Only a limited quantity is made annually. No expense is spared in the making and care oi (he wine-', nud when ready for consumpdoa they are carefully battled. Parties orderm? these wines should see that the words CIJESTA BI.ANCA are on every bottle, a new brand of wine has lately been put 011 the market and is being sold an Oresta Blaacaor Wetmore'B wines. Such winas should be refused if Creata li anca wines ate ordered. A fac-simlle of a lnbjl on the genu ine wine is CHAS. A. WETMORE, 31'.) Fine St., Siu Franclico. CRESTA : BLANCA PniCE LIST. In order to meet the requirements of the times a reduction in prices has been made. SAUTERN Ei TYPES. 1 doz. 2 doz. Quarts Pints Sauterne Souvenir $0.00 $7.00 Haut Sauterne Souvenir 9.00 10.00 Chateau Yquem Souvenir 11.00 12.00 CLARET TYPES. Table d'Hote Souvenir $5.50 $0.50 St. Jullen Souvenir 7.00 8.00 Margaux Souvenir 8.00 9.00 H. J. WOOLLA.COTT, 124 and 126 North Spring Street, Agent for Los Angeles county. AUCT IO N I Tuesday, Wednesday, Thursday and Friday, Dec. 17, 18, 19 and 20, At '2 p.m., at Salesroom, 4i3 South Spring St., — OF — $4009 Worth of Cloaks. Also large line of Furniture, New Brussels Carpets, Kugs, Lace Curtains, Spreads, Notions, Toys, etc. C. M. STEVENS, Auctioneer. at AUCTION^ House and Lot, 1022 W. Second St., near Beaudry ave SATURDAY, Dec. 15, at 11 a.m., ON THE PREMISES. The house contains 5 rooms, front hail, front and back parlors, bathroom, pautry, large clos ets, nil hnid-rlnihhed. g *J>"-.-;ale podtlve and without reserve. THO*. B, ("LARK, Auctioneer. at AUCTION. The Palaee, COR. FIRST AND SPRING STREETS, MONDAY, DSC 1". at 'i o'ctork p.m. This place was iittej up at an expense of $10,000, and is complete in every reapeette run a fir-t-clnss bar, ,uuch room and concert hsli. *5<y~Sale positive nud wi hout reserve. THUS. R. CLARK, Auctioneer. PARISIAN MILLINERY. TlyflSS E. C. COLLINS invites the ladies to iVJ. examine her new and elegant 'iue of mil linery good*, just received from New York. Imported Ha s and Bonnets and the largeat and ttueat general milliners- slocx ever disp.ayed In the ci.y. trices reasonable aid tatiaiactioa guarantee d. 20U S. Broadway, Y. M. C. A. Build'* 0