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The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, August 09, 1897, Image 6

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042461/1897-08-09/ed-1/seq-6/

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Santa Barbara naval reserves return to their homes.
P. S. Heffleman addresses the Pasadena Theosophists.
The Native Sons give an enjoyable musicale at Avalon.
Terminal Island managers preparing for a big yacht run next Sunday.
■ A South Pasadena tinner, out of work, tackles the mushroom industry.
Norwalk sends a numerous delegation to the veterans'encampment at
San Diego.
Los Angeles baseballists give a good account of themselves at San
Long Beach strenuously objects to having Bedondo drownings charged
to her account.
Biverside county's assessor completes his footings of the assessor's val
uations of property.
AVALON; Aug. S.—(Regular Corre-
J. D. Daley, one of the old
time fishermen of the isthmus, was in tow.'",
today. The* isthmus is famous as one of
the best fishing points on Catalina. The
only trouble is there is not a sufficient mar
ket for the fish caught. Among other
things of special attraction is the large
number of eagles who make this point of
the island their especial home. They are
of two varieties, the bald-headed and gray
eagle. There is also a tish hawk that will
dive after live fish. The eagle will only take
what he can catch on the surface of the
water, and Mr. Daley says it is one of the
amusements of the fishermen?' somewhat
lonely existence at the isthmus to watch
the eagle circling around a dead fish float
ing on the water, finally swooping down on
him and carrying him off to their nest to
feed on him at their leisure. The birds are
fine specimens of the American eagle, the
average Size being from fourteen to six
teen feet from tip to tip.
Some 500 visitors arrived in Avalon on the
three boats which contributed to the rap-
Idly Increasing population of this famous
resort yesterday.
The concert given by the members of the
N. S. G. W. was a great success, and
though many of the business men of Ava
lon were unable to be present on account of
pressure of business at this season of the
year, the pavilion was well 111 led. The fol
lowing is the program which was excel
lently carried out: Overture, the Catalina
orchestra, Harry West, conductor; bari
tone solo, Eugene Roth: guitar selections.
Prof. M. S. Arevalo: dialect specialty. H.
G. Eckles: contralto solo. Miss Lillian
Scanlon; sleigh bells. Master Claude Dea
gan: club swinging, Louis Nordllnger:
vocal solo. Miss Bertha Roth: darkey se
lections, M. H. Lehman; violin solo. Will
iam yon der Mehden; accompanist. D. J.
Brownstein. A very enjoyable dance fitly
closed the proceedings. The entire pro
ceeds of the entertainment will be used in
the purchase of fireworks, etc.. for the
Illumination of Avalon on September 9th,
iphen the Native Sons will be here in full
force. The parlors of Sanl'a Barbara. San
Diego, Ventura and Redlands will partici
pate in the jollities of Admission day here.
They will be in full uniform and will be
accompanied by their respective bands. It
Is Intended by the committee in charge to
expend at least $700 in the purchase ot
fireworks alone on that date.
The Fieetwlng made a pleasant excur
ilon on Friday to the isthmus. J. A. Kings
ley. W. A. Hartt and wife, J. R. Asbury,
Bessie Gillespie of Houston, Tex.. Charles
Allen of Chicago. A. G. Gavin. Mrs. A. B.
Beck, G. T. Frost and wife of Riverside and
L H. Connes and wife of Needles composed
the party.
The postoffice Is doing a large business
at this season. Postmaster Stanton is kept
busy with his two assistants. Miss Elena
Baca of Pomona ar.d Mrs. Keyser. The
money order business, in charge of Miss
Bffca, is especially heavy. Over SOO letters
were received yesterday and about the
lame number dispatched, not to speak of
the large amount of newspapers handled.
J. W. Raymond and wife, fcreman,«f the
General Electric company of San Fran-
Cisco, spent Sunday in Avalon.
Mrs. Franklin Booth and Miss Hyde of
Boston, accompanied by Miss Sanders, took
a trip to the summit yesterday. The re
turned to Los Angeles ( ,n today's boa;.
T. H Dugan. agent for the Burlington
route, and his wife and son registered to
day at the Metropole for a day's holiday.
Mr. Kerckhoff of the Kerckhoff-Cuzner
Lumber company of San Pedro arrived las:
Dr. Bogart of Los Angeles came over on
Sunday's boat.
Dr. Ainsworth arrived on the Ilermosa
an Saturday.
C. H. Brown, the architect, of Los Ange
les was a passenger to Avalon on the Her-
Biosa. today.
Mr. Bumiller of Marsh i- Bumiller is one
Of the arrivals on the Hermosa today.
The streets of Avalon are crowded with
s-artielpators in the various amusements
who especially appreciated the music of
the band.
Correspondence.) The yacht race to be
Held one week from today, August loth, by
:he Terminal Yacht club. Is the central
point of Interest around which everything
sere centers at present. It will be a free
ior-sall race, regardless of the size of the
boats, with no time allowances. The en
tries close at the tavern Friday, August
13th, at 12 m. There are twelve cash prizes
Offered, ranging from $30 to $1. A large
intry of boats, crowds of spectators and
lots of fun is anticipated.
The Fiesta band has furnished good
music today for the numerous visitors who
Have been here. A good many of the young
srowd took advantage of the fine oppor
tunity offered for dancing.
A party of gentlemen comprising J. F.
Bartorl. Dr. Kirkpatrick. J. F. Foster, Jot
Cook. Ed. Silent and C. R. Sumner caught
10S fish, mainly yellowtail, this morning in
Ibout an hour and a half.
The fishing anel the bathing here are fine,
fcut neither excels the sailing. A gentleman
PASADENA, Aug. S.-fßegular Corre
spondence.) At the regular meeting of the
Pasadena Theosophital soci-.-ty litis even-
Mi Paul S. Helflernan spoke on "K.-otn ie-
Ism of the Bible." In the study of the vari- 1
»v» religions or mankind nothing impresses
itself so strongly upon the mind of the I
tamest student as the fact that among .
sitting on the tavern porch this afternoon
Bald he hat! sailed in many waters, amount
which he mentioned the Mediterranean, but
nowhere had he found as delightful sail
ing as in this bay. There is no rough sea,
no squalls, no rain, just a calm, lovely sea
all summer long.
Before the season closes there will be
several yachts owned and anchored here.
The Allie and the Eureka had some
friendly races this morning.
The launch Point Loma brought down a
large party from Long Beach this after
\V. H. Holmes made a large catch of
smelt from the pier this afternoon.
Frank W. King of Los Angeles has rooms
at thej Christie cottage.
L. N. Breed and L.E. Mosher of the Times
enjoyed the cool air and fine bathing of the
island today.
George W. Witherall, Warren J. Richard
son, Frank J. Decker. Peter Ashen, Frank
Boynton, Roy Hutchins and wife were a
party of Pasadena people who made their
lirst visit to the Island today. They were
very enthusiastic in their admiration of
the bathing and the future possibilities of
the island as a summer resort.
Among the visitors noticed this after
noon were: S. K. Llndley, wife and daugh
ter. J. H. tianahl of the Ganahl Lumber
company. Bernard Potter and wife. Miss
Potter and Miss Armstrong of Los Angeles,
Miss Bernice Hoyt of Pasadena and Mr.
Collins of San Pedro.
The Terminal tavern is filled with guests
and more are expected this week.
, LONG BEACH. Aug. S.—(Regular Corre
spondence.) This beach has had its share
|of accidents from drowning, caused almost
I without exception by bathers venturing
j out Loo fur from shore. It seriously ob
jects, however, to having more than legitl
jmately belongs here reported as having
J occurred at Long Beach, as was the case
In The Herald of this morning. It would
be almost impossible for anyone to drown
from this pier by accident or design at any
hour between sunrise and dark. There are
re w boats, launches and other sailing craft
in abundance moored here, and It would be
but the work of an instant to rescue any
|unfortunate who might tumble in the
water. The sailors who frequent the pier
ail day long resent indignantly the Imputa
tion that they would allow a young lady to
drown, as each 'would vie with the other
in getting to h..r relief the quickets.
The pier 1? dally becoming a greater at
traction to visitors and the favorite place
of resort. Spectators never grow weary of
watching the silvery little wriggling min
nows drawn up In the seine and looking at
the boats, come and go with sailing parties.
The electric light submerged in the water
at Bight Is a point of attraction for both
visitors and fishes. The fish swim around
it in incredible numbers, dazzled by its
brilliancy, and stay near it as long as the
light remains.
Tin ■■ Was an unusually large crowd of
Visitors here today. The pier, the beach
and i - sweets were full of people enjoying
the breakers and the cool air. The popcorn
boy •iii! a t briving business on all the trains
and tin- merry-go-round was kept busy by
the little people all day.
The exercises of the Christian conven
were carried out according to the
published prosxram. Dr. Tyler preached an
abe ii rmon in the tabernacle this morning
and the services of the afternoon in the
new chapel were exceptionally interesting.
At the close of the convention, one week
from today. Rev. Mr. Vincent will conduct
a series ot meetings in the new house of
worship. At the morning service $310 was
Vgftrlbuted, and as the Indebtedness on
was but a trifle in advance of
that sum. the church is practically out of
I ' H i- - Ktzler. foreman on Judge Dillons'
ranch at Los Ceritos. met with a painful
though not serious accident this afternoon.
He was driving a young colt in a buggy
and the animal became unruly and upset
the- buggy, throwing Mr. Etzler out. His
shoulder and head were badly bruised and
cut. Dr. Wellborn attended the injured
A large parly were taken out for a sail
this afternoon on the Dawn. The pleasure
fleet have all they can attend to nowadays
in taking out pleasure paties. People are
apparently just beginning to appreciate the
sailing on this bay.
The Bessie brought in a fine catch of yel
lowtail and hass today. The Hirondelle
had twenty-six big yellowtail and the Cle
mente forty, and still the demand at the
nab markets is greater than the Bupply.
Ted Hynds has purchesed the sloop
riggi .1 schooner The Happy, from Ventura
and Is having her overhauled and repainted
This will add one more to the daisy little
fleet at litis pier.
The Nellie took a party to San Diego a
few days ago, and is expected in this even
This bay affords the finest halibut Ash
ing of any point along the coast, and large
Shipments are made from here to San Fran
W. S. Clark, former correspondent of the
Los Angeles Herald, and a prominent
newspaper man of Long Beach, will take
charge of the Breaker this week, while
Editor Gule-r is off in the mountains on a
camping trip.
i all real spiritual teachers there have al
| ways been two methods of instruction, em-
I bodying what Is (-ailed the exoteric doc-
Itrine for the masses and the esoteric or
; Inner spiritual meaning for those fitted to
receive it. In other words, there has always
i been for the multitude the plain, easily
'understood ethics of the Golden Rule, the
j teachings of love to God and man, the im
-1 mortality of the soul and such other funda
mental principles as seem most needful in
the guidance of the every-day life and con
duct; while to those true disciples, who, by
ihelr earnestness and devotion nnd sincere
effort* to "live the life" which alone can
lead to the comprehension of the divine
mysteries, much was revealed that has al
ways remained as a sealed book to tho
multitude. Jesus, when asked by his dis
ciples why he always spoke to the multi
tude In parables, replied: "Unto you Is
given to know the mysteries of the king
dom of God; but unto them that are with
out, all these things are done in parables."
The Apostle Paul refers frequently to the
same fact; for instance, where he says:
"But we speak God's wisdom in a mystery,
even the wisdom that hath been hidden.
But unto us God revealed them through the
spirit. For who among men know the
things of a man, save the spirit of the man
which is In him. Even so the things of God
none knoweth, save the spirit of God. Now
the natural man recelveth not the things
of the spirit of God. for they are foolishness
unto him, and he cannot know them be
cause they are spiritually judged." Yet,
notwithstanding Christ's repeated warn
ings not to take a dead letter interpreta
tion of his teachings, but to seek always
for the inner, spiritual meaning, we find
his professed followers becoming more and
more attached to the letter than to the
spirit, until today the churchman who
would know the truth has to dig for it be
neath manifold layers of error—the man
made dogmas and creeds—with which it
has become encrusted.
The annual report of the public schools
shows a total enrollment of 2277 pupils, with
1766 attending daily. The average daily at
tendance at the high school was £10 for the
year. Fifty-one teachers were employed
during the year. There are forty-seven
colored children attending school, and 350
children in the district who attend no*
school. The estimated cost of the schools
Is $140,000. Outstanding bonds to the amount
of $50,250. The expenditure for teachers'
salaries during the year was $37,765.25, and
the total cost of mainLeiiiiiice J54.655.55. The
report is a very elaborate one and contains
much other information concerning school
matters. It has been issued by J. "VV. Hart,
the printer.
A number of friends of Messrs. Udell.
Turner, Theal and Moran were entertained
Friday evening at their bachelor quarters
at Lamanda- Park. The guests started from
Pasadena at 7 oclock and enjoyed a straw
ride to Lamanda, where an elaborate sup
per was served. After the supper songs
were sung and there were also recitations
and instrumental music.
The Woman's league has completed ar
rangements for a picnic in Rubio canyon
Tuesday, August 10th. All friends of the
league are invited and a special fare for the j
picnickers has been arranged for, provided
fifty will go. The 9:45 electric car will be [
taken for the car office, and the round trip I
will be 50 cents.
George H. Frost will not rebuild on the j
corner of Broadway and East Colorado I
street yet, but will repair the building dam- j
aged by fire. It will be occupied by R. H. I
Pinney and F. E. Burnham with Mr. Pin- I
ney's coal and wood business, and sub-let !
as offices.
Henry Clark, colored, died Friday even
ing at his home on Mary street at the age
of S3 years. Funeral services were held
today. He left a small family.
SANTA BARBARA, Aug. s.—(Regular
Correspondence.) Miss Belie Pyle of this
city and Rev. J. W. Ellsworth of San Fran
cisco were married yesterday noon at
Grace M. E. church by the pastor. Rev.
C. A. Wcstenberg It had been publicly
announced that the ceremony would take
place Immediate ly after the morning serv
ice, and the vast auditorium was crowded
iong before 11 a. m. The bride Is a daugh
ter of Mrs. E. M. Pyle by a former mar
riage and has for several years been a
teacher in the public schools. The groom is
superintendent of the Florence Crittenden
homes of the Pacific coast and well known
as a church singer and leader in evangelical
work. The couple will reside in San Fran
R. M. Palmer, commissioner general of
agriculture at Victoria. B. C, is in this
city for the purpose of securing a colony of
rhizobiids, the Australian ladyhugs which
are so successfully used In saving fruit
trees from destruction by the black scales.
Mrs, Alice Todd-Delmar McGresor. the
famous singer, has come to Santa Barbara
to reside.
The steamer Santa Rosa arrived from
Port Los Angeles at S oclock this evening,
bringing forty-two of the naval reserves
who have been camping at Santa Monica
for the past three days. The company en
joyed the voyage immensely. The vessel
!- ft for the north at 0 oclock. with a num
ber of youns people from this city on their 1
way to the universities. The passenger list ;
is as follows: Miss I. M. Delconte. Mis? M.
S. Wilson. Miss C. Levy, Miss I. Loomis.
F. C. Doremus, E. W. Lehner, Fred Keisey,
T. W. Brown. S. A. Wood. Coleman
Broughton, Miss Emma Young. Miss
Bertha Israel. Mrs. Charles D. Merrill, Miss j
Bessie Cooper, Miss Annie Cook. Miss Lulu
Cooper, Miss Olive Keisey, Miss Mabel
Keisey, Miss G. Metklff, Miss Ella B. Shaw. I
Miss Teresa Welch. Mrs. W. J. Littleton,
H. Mack Love. Charles L. Thompson. A.
J. Calre. W. S Thacher. Miss N. P. Ford-!
ham, Miss Palmanteer. Mrs. F. K. Seho
lleld. Mrs. A. Steinileld, Irvine Btelnfleld,
M. M. Regensburg, A. Steinileld, F. K. !
Mrs. Dr. P. K. Guild of Los Angeles,
formerly a resident of this city, is here on
a visit to Mr. and Mrs. William M. Eddy.
The following passengers left Santa Bar
bara today by rail en route for eastern
points: Mrs. J. B. Foreman, Ctdarvllle,
SAN BERNARDINO. Aug. 8. —(Regular
Correspondence.) County Superintendent
of Schools Miss Mogeau has settled the
trouble at Rochester growing out of there
being two boards of education, one made
up of Messrs. Swanton. Miller and Sponsor
and the other made up Messrs. Swanton,
Montgomery and Miller. In an election the
candidates were Montgomery and Sponsor
and the vote was a tie. A later election
elected Montgomery, but Sponsor would
not let go. Yesterday Miss Mogeau sent
the certificate of election to Mr. Mont
gomery, thus retiring Sponsor.
While coming down from Devil canyon
on Thursday night Misses Millie Tyler and
Grace Roberts were thrown from their
buggy, which was overturned by the horse
taking fright from an Indian in a cart. Miss
Tyler was thrown on her head and stunned.
They had a very narrow escape.
The Pioneers held a big meeting yester
day at the city hall and passed resolutions
of respect for the late B. B. Harris..
The wife of L. R. Anderson yesterday
presented him with a baby boy.
Fully 1500 people were at the park today
to witness the game between Riverside and
Los Angeles. From the start the Riverside
aggregation was not In It, and Cobb had
to retire in the fifth Inning in favor of
Farrow. The Los Angeles boys had their
baiting clothes on and piled up eighteen
hits, while Riverside had twelve off of
Baron Thielmann, who has Just left the
German embassy at Washington lo become
secretary of the German imperial treas
ury, was an unusual man In many respects.
As an example of his learning It is related
Friends of Will Bonner of Gertrude conn
called in to help him celebrale his birthday
Friday evening. He was taken by surprise
by the guests, who furnished a dainty colla
tion nnd n program of music and sociai con
Trof and Mrs. C. F. Holder and Mr. and
Mrs. Burnham tire enjoying a cruise to
Santa Barbara on the yacht San Diego.
C. \V. Smith is ill.
Mr. and Mrs. 1,. I". Hanson and daughter
leave on Monday for the island.
Mr. and Mrs. G. Downing tire at the G.
A. R. encampment at San Diego.
Mrs. ].. M. Allen will leave on Monday for
George Fnssel and Walter Hadley are at
Catalina for ten days.
NORWALK, Ans. S.-(Rectilar Corre
spondence.) Quite a delegation left here
for the encampment at San Diego. Nor
walk has the honor of furnishing the music
for the encampment, under the efficient
leadership of Prof. S. Holgate, avitli
Stephen llolgate cornelist, CO. Bremond
bass and Miss Mamie Young pianist. The
music will be chiefly of Prof. Holgatc's own
arrangement. In addition the following
persons were hooked to attend from Nor
walk: Mr. and Mrs. Charles Young:, Miss
Gertrude Young. Mrs. Bremond, Mr. and
Mrs. James Patterson, Mrs. Gillespie, Mrs.
D. D. Johnston. Mrs. J. Bwlgart, Mr. and
Mrs. George Sebastian, Mr. and Mrs. John
Holland, Mr. and Mrs. Joseph Brenizeraml
daughter. C. H. Mettler, BL K. Custer, John
Leper and Mrs. S. Holgate.
Brooks Brcntner of Brentner Bros,
brought home a bride on Monday evening,
and after receiving congratulations all
around has gone for a short visit to Re
Mrs. Lou Brentner has returned from
Long Beach much improved In health.
Editor Truitt and family have returned
from a two weeks' outing near Perris. mak
ing the trip to and from there by team.
SOUTH PASADENA. Aug. 7.—(Regular
Correspondence.) Hearing that some enter
prising individual was cultivating mush
rooms here, search was made for the farm,
and right in the center of town, through a
back yard, the reporter was taken, down
cellar, under the Graham three-story busi
ness block. When a lantern was lighted a
series of beds like graves in a soldiers'
cemetery extended away In the distance,
covering the large cellar floor. These beds
seemed sprinkled with white buttons from
the size of a pinhead to the porcelain knob
of a door. Unlike ordinary cellars, it con
tained not a scrap of refuse or smell of
musty garbage; everything seemed pure
anel clean, and the young plants seemed as
delicate as celery or lettuce, if not as fra
grant as roses. This plantation covers 1100
square feet of ground, and is the result of
j six months work, wheeling in and enriching
j and pulverizing the soil, by G. H. Mlnier,
I who was a tinner out of work, and thus
'occupied his time rather than do nothing.
He is preparing to enlarge his plantation
to 6000 square feet by occupying the remain
ing cellar room of the building. He knew
nothing of the mushroom business when
he began six months ago, and kept his
work a secret until he saw whether he
could make it a success or not.
Kas.; Mrs. 1,. P. Barringer, Cole Onmp,
Mo.: Mrs. John Suess. Worthington. Minn.;
William Bernard, Gcliatt. N. V.; W. Beyer,
Denver, Col.; Mrs. Anna Gardner, Omaha.
.\li = < Rosa Sexton has been appointed
assistant teacher in the kindergarten. This
makes five teachers in that department.
Supervisor Eduardo do la Cuesta and
family have returned to their home at
Santa Ynez after a pleasant camping trip
at Point Conception.
Felipe S. Serrano, the victim of Happy
canyon vindlcriveneis, has been given a
hearing by Judge W. S. Day. The prisoner,
who was unlawfully detained at the county
jail serving a fitly days' si ntence, is a. poor
man without means to employ counsel, and
therefore could not assert his rights In the
courts. Yesterday, however, on the fifth
day of Serrano's incarceration, the atten
tion of W. G. Griffith, a young attorney re
cently admitted to practice, was directed to
the case, and he voluntarily applied to the
superior court for a writ of habeas corpus.
The petition stated that the warrant of
commitment under which the prisoner was
held in custody and issued out of the justice
court of Samuel Lyons, a justice of the
pence of the Fourth township of this
county, purporting to commit Felipe S.
Serrano to the custody of the- sheriff for
contempt of court, was utterly void and of
no effect. The warrant shows upon its face
an entire lack of Jurisdiction In the said
justice court to examine Into and try the
case In Which the said contempt is alleged
to have been commlited. That said alleged
contempt was no contempt whatever under
I the laws of California, anel that the said
justice court transcended the powers
granted to It by section SOD, political code
jof this stale, in attempting to Inflict upon
the prisoner a punishment for contempt,
consisting of a fine of $100, together with
; imprisonment for five days. The writ was
promptly grained by the judge and made
i returnable at 3 p. m.. at which time the
.sheriff produced the prisoner in the court
\ room. The court held that the term of
the imprisonment was illegal and he ac
cordingly reduced It to one day, but ruled
; that evidence would be necessary to estab
lish the question of lack of jurisdiction.
Lucy E. Isaacs ha»instituted divorce pro
ceedings against Richard B. Isaacs.
A license to wed was issued to Timoteo
! Romero, aged 44, and Amelia Romero, aged
27, both natives of California and residents
I of Santa Ynez.
Harvey. With the exception of one error
by Thurman, Los Angeles played an error
less game. Harvey struck out ten men,
Cobb one and Farrow two. Smilh and
Sunday made two brilliant plays in the
sixth inning that caused the crowd to cheer
for fully five minutes. The following is the
score by innings:
Los Angeles 3 4 2 1 2 0 0 2 *—14
Riverside 0 0 0 0 0 5 0 0 0— 5
Base hits—Los Angeles. IS; Riverside, 12.
Struck out—Harvey, 10; Cobb, 1: Farrow, 2.
Errors—Los Angeles, 1; Riverside, 7. Home
run—Van Horn.
Several hundred dollars changed hands,
and It was a blue looking crowd that re
turned to Riverside, while several San
Bernardino boys are lighter of pocket. This
is the first game that Cobb has lost. While
it was a Riverside crowd, the Los Angeles
boys had lots of friends and got consider
able encouragement.
Joseph L. Jones is spending the day at
Mrs. M. Keah has gone to Los Angeles
to visit friends.
J. B. Gill, ex-lieutenant-governor of Illi
nois, and wife will spend the summer at
Santa Monica.
Charles H. Kistner of the Fort Madison
Democrat, was in the city Saturday.
Miss Mamie Hopkins will spend a few
weeks at Los Angeles and Santa Monica.
H. A. Gurnsey, wife and daughter have
left for Redondo.
Mr. und Mrs. Wnulenpaugh have gone to
Bear va'.iey for a couple of weeks.
that during the Franco-Prussian war. In
which he served, he sent reports of various
events to his old teacher all written in
Sanskrit. Thus he described Sedan and
the capture of Napoleon.
Nice Legal Points in the
Creede Case
Bequests That Were Either Humerous
or Retalitory—How to Protect
Wills—Jury's Capacity
Within recent years it has seemed as
if legatees under a will madie by a testa
tor or testatrix having large interests to
dispose of have considered themselves
under solemn obligation to contest its
validity. No matter how simple and
specifically drawn, a will is still chal
lenged on general principles.
When the document itself bears every
evidence of clear mentality on the part
of the testator or testatrix, then the fa
vorite ground of contest is invoked and
the Incapacity of the decedent and undue
influence are claimed. Generally speak
ing a less effort Is made to prove this
true than there is in biasing the mind of
the Jury by the presentation of evidence
tending, by-implication at least, to show
the exceeding wrong and hardship re
sulting to certain persons if the will is
sustained. As a rule there is no person
who can sneak for the decedent and teli
just why some of the legatees were left
a larger slice of property than others, or
why some were cut off with the prover
bial shilling. Not infrequently the will
is broken, the wishes of the deceased ig
nored and the very parties whom hp or
she knew, absolutely to be unworthy
revels in luxury on the hard-gotten gains
of someone who must toss restlessly in
his or her grave at such sacrilegious in
WilUhin the last year or two several
will contests of importance have been
tried in the superior court of this?coun
ty, and within the last week, while one
of these has been compromised out of
court another has been inaugurated. In
the case of the contest waged over the
will of the late Concepcion Alaniz, where
in the jury most unexpectedly returned
a verdict for the contestants, a point of
agreement has been reached and most
likely the suit will disappear fro... the
court calendar.
That case was exceptional In that the
contestants could not possibly reap any
benefit by the breaking of the will in
dispute, for, upon its invalidity being
pronounced, a second will made by Mrs,
Alaniz and an exact duplicate of the
other save in one particular, had force.
The only point of difference between the
two wills was in the change of execu
tors. The deceased lady had changed
her legal adviser, who also was her
agent, and for this reason a new wiil was
drawn, for in either will her lawyer was
appointed as executor. The mere as
sertion that Mrs. Alaniz was of unsound
mind when either the first or the last
will was made and acknowledged by bet
is sufficient to make anyone who knew
her smiie. She was not only fully com
petent but was a shrewd and very keen
business woman and attended to every
detail in connection with her real es
tate transactions, house building, etc.,
as well as the incidental work in con
nection with the conduct of her home.
Unfortunately, however, the court held
that Mr. Macdonald, her agent, who
knew all the ins and outs of the Alaniz
estate, could not testify for the reason
that he was also her attorney, ar.d any
thing said 'to him by Mrs. Alaniz was
a privileged communication. Notwith
standing this, however, the evidence of
the business acuteness of Mrs. Alaniz
seemed to the impartial outsider to have
been well made out, but the jury thought
otherwise and returned special findings
which had the practical effect of break-,
ing the will. It was very probable that*
a new trial would have been granted by-
Judge Clark on the ground that the
findings of the jury were contrary to the
evidence, and if not the case would have
been appealed. The supreme court
would have taken about ten months or
so to pass upon the case, and then if the
trial court was confirmed the second will
would be probated and the contestants
of the first will still be out in the cold.
Of course a second contest might be in
stituted, but it could scarcely be ex
pected that a second jury would make
a return like the iirst. The lightning
never strikes hap-hazard twice in the
same place, and aside from trusting to
luck with the jury, the time when thc
flrst will was made was too remote from
the time when the second was drawn to
successfully claim a continued state of
mental decrepitude and incapacity. The
affairs of the estate have, naturally, been
at a standstill during this disputation
and to prevent a continuance of this
state of things for the next two or three
years concessions have been made on
both sides and the will will be now ad
mitted to probate.
In the contest that has just been in
augurated against the will of Nicholas
C. Creede, fhe facts have been fully
ventilated, and today* the matter will
again come up in the probate-court. It
is safe to say, however, that Judge Allen
will do nothing in the case, but allow it
to go over until after the holidays, when
Judge Clark will hear it. In this case it
is refreshing to know that the tetsator
has not been, charged with "unsound
mind and 1 "mental incapacity" to make
a will. These allegations in will con
tests have such a nutty tlavor surround
ing them that they are to be viewed with
suspicion at all times.
The claims of Mrs. Louisa Creede will
raise some nice points of law. She signed
her rights as wife of the deceased away
for a certaini amount, during the life
time of her husband l , but it is an open
question whether a wife can so divest
herself lacking a divorce. Primarily,
however, it is scarcely to be expected
that the court will allow her the family
allowance of $250 per month that ehe
demands, with the Creede family man
sion, for the reason that alimony was
refusd to her when, divorce proceed
ings were begun. So far as she is con
cerned, the -circumstances cannot be
said to have altered. That beir.fr so,
her claim that the custody of Edith
Dorothy Creede, the infant heiress un
der the will, be awarded to her is not
likely to be considered.
The claim of Mrs. Bashiford that the
custody of Edith Dorothy he av.arded
[to her is rather more Intricate and con
siderable misapprehension exists as to
her status in the contest that is being
waged. In resisting her claim, AY.
Phifer, the brother-in-law of the de
ceased millionaire, executor under the
will and guardian of Edith Dorothy,
splits no legal hairs, but boldly assever
ates that Mrs. Bashford has an eye on
the loaves and fishes and desires the
custody of her little daughter fer the
reason that for many long years she
will, under such circumstances, have
the handling of the allowance made for
her daughter's care, maintenance and
education, and' will practically be In
monetary clover for the remainder of
her days. Her legal relation to the child
is somewhat peculiar. When Edilh
Dorothy was adopted by Nicholas C.
Creed* the mother, as In all cases of
ad-option, surrendered all claim and
right to her offspring, The tie of con
sanguinity could, of course, not be
broken, but ail rights arising from it
were surrendered, and the mother had
no greater claim from thenceforward
upon her child than the veriest outsider
who had never seen the child. Rut Mrs.
Bashford claims that although Mr.
Creede legally adopted her babe, his
wife did not, nnd, that being so, the
widow stands on a par with the world
at large so far as Edith Dorothy is con
cerned. Mr. Phifer, if th 3 will should
be sustained, will no doubt he consid
ered by the court as the natural guardV
ian of the child-, but meantime the valid
ity of the document is being impugned
and In the interim it is claimed that the
rights of the mother are revived in the
absenoe of any properly appointed legal
Rules of interpretation or eoneiruc
tion of wills depend ehiellj' on decisions
of the courts, and to a smaller extent on
statutory enactment. The law has beer,
brought into its present condition
through precedents extending back
for centuries, especially decisions' of the
court of chancery, the court par excel
lence of construction, as distinguished
from the court of probate. The British
court of probate did not deal unless in
cidentally with the meaning of a will;
its jurisdiction was confined' to seeing
that it was duly executed. But rules of
interpretation founded on principles of
equity independent of statute are very
numerous. The most important is that
the intension of the testator is to be ob
served. It was Sir E. Coke who termed
this rule the pole star to guide the
judges. There is a preeumptinn against
intestacy; one part of the will is to be
expounded by another. Interlineations
and alterations are presumed to have
been made after, not as in ordinary
deeds before, execution; words are sup
posed to be used in their si'.rict sense.
Full liberty of disposition is not per
mitted in the United' States. Home
steads generally .and dower estates fre
quently, are nut devisable. In no state
can children be disinherited without
good cause, and In California Children
omitted from a will are still entitled to
a share. Tho widow, too, is entitled 1 to
her share ordinarily, and whether she
can surrender her legal claim by con
tract with her husband is one ot the
matters of dispute In the Creede case.
Not Infrequently nagging wives lack
ing the gift of sympathy find thpmselves
at a disadvantage after neglecting or
henpecking their husbands for years
with impunity. At the reading of the
will they discover that the worm has
turned at last and they have to face their
day of reckoning. The widow's claim al
lowed by law then proves advantageous
as a set off to the evident desire of thi
testator to leave her without a cent or
handicapped by heavy conditions. Thus
a testator left his wife an annuity of one
shilling to provide her with a supply of
"those hazel nuts which she was always
busily engaged cracking whenever my
stockings required mending."
Mrs. Dickinson had a legacy of $300,000
allotted to her; but there was a fly in the
soothing ointment.
"When I remember," so ran her hus
band's testamentary pen, "that the only
happy times I ever enjoyed were those
when my wife sulked with me, and when
I remember that my married life might
for this reason be considered to have
been a fairly happy one, because she was
nearly always sulking, I am constrained
to forget the repulsion the contempla
tion of her face Inspired me with, and
leave her the sum of $300,000 on condition
that she undertakes to pass two hours
a day at my graveside for the ten years
following my decease, in' company with
her sister, whom I have reason to know
she loathes worse than she does my
Another wife of the "tabby" variety is
thus described in her husband's will,
who was evidently a strictly just man:
"My wife, since our marriage, has done
everything she could lo make my life
miserable, so much so that I have fre
quently thought she was sent into this
world for the'express purpose of getting
me out of it. As she has been a con
stant wife, I must therefore leave her
my fortune; but in order to prevent her
making another man as wretched as she
has me, I wish all moneys that I may die
possessed of to be held in trust, and the
interest paid her only as long as she re
mains a widow."
A more pleasing picture of domestic
life is suggested by the will of a Mr.
Wheatstone, a lawyer, who concludfd
his last will and testament as follows:
"As to my worldly goods now or to be in
I give to my beloved wife and hers for
I give all freely. Ino limit fix.
This is my wife and she's executrix."
The only simple scheme for the preven
tion of attacks on wills was defeated in
the Connecticut legislature a couple of
years ago. As a broad proposition, the
legal fraternity make their living out of
the griefs, bitterness' and mean traits
of character of their fellows. In such
case any measure tending to curtail the
business of lawyers cannot be expected
to receive the approval of the average
The measure alluded to provided that
every person on making a will might
deposit with a legal officer, who should
give public notice that the document had
been so offered, and that all who de
sired to attack the capacity of the tes
tator should have a certain time in which
to offer evidence and bring the matter
to a decision. No objection to the tes
tator's capacity being made within the
specified time, the will would stand safe
from attack on that ground after his
The contents of the will would not be
disclosed even to Its custodian. No one
would have any ground to attack it be
cause he is left out or gets less than he
thinks he ought to have. People would
then think twice before attacking the
testamentary capacity of a man who Is
there to defend himself, especially when
they are uncertain how hie property
has been devised, and they might simply
be engaged in the absurd pastime ol
biting off their own coses. Under such
a law there would be no premium on
will breaking.
Under mich a law, too, it would not be
compulsory that any one should deposit
his will. It would merely give to every
person an opportunity to make sure thai
his Intentions regarding his property
would be carried out and an increasing
scandal diminished.
It has also been proposed that the leg
islature pass an act directing the Judge
in his charge, to the jury, in cas<e of will
contests, to instruct them as to the
weight of evidence and the verdict that
is demanded by the law. Will cases pre
sent questions of law about which the
Judge knows infinitely more than the
jury. The average jury is not possessed
of an analytical mind, albeit there are
A Judge who was a great stickler for
dignity had issued an order that all
jurors on the panel In his court should
wear "black coat and trousers." His
honor, with frowning visage, accosted a
disobedient juror:
"Mr. Smifkins, do you know, sir, that
you are transgressing a most positive
order of this court?"
"I? What way. may it please your
"The order says you shall wear black
coat and trousers," yelled the judge.
"I have on a black coat and trousers,"
modestly replied the Juror.
"But," roared the Judge, "the order
means black coat and black trousers."
"I didn't read it so," replied Smifkins.
"It also reads that the sergeant at arms
should wear a cocked hat and sword. I
see the cocked hat, but I don't see the
cocked sword."
There was no further judicial comment
un the nankeens, and it is safe to say if
the average jury, called upon to pass
upon the validity of a will, had the
shrewd intelligence of Smifkins there
would be far fewer wills broken or even,
Cases to Be Called in the Several De«
pnrtments Today
In holiday recess.
In holiday recess.
In holiday recess.
In holiday recess.
In holiday recess.
•::.s\<3 State Mutual Building and Loan
Association vs. Granger et al.
Sallee vs. Lipman: 1:30.
Flsk vs. Tucker; 2:30.
People vs. Rhodes, misdemeanor; 9:30.
Holmes vs. Larkln: 3.
Standard Collection Company vs. Phelps;
1 -.30.
Beyer vs. Martin: 9:30.
Reese vs. Amelia Mining Company; 9.
Cases to Be Called Tuesday
In holiday recess.
(Probate calendar.)
N. P. 1584 The estate of J. Whltworth;
final account and distribution.
N. P. 2142 The estate of J. H. McCulloch;
probate of will.
N. P. 2145 The estate of Margaret H
Meikle.iohn: letters of administration.
N. P. 2146 The estate of G. N. Perrirf
letters with the will annexed.
N. P. 2050 The estate of Mareta L. John
son; confirmation of sale of real est aft
N. P. 1041 The estate of S. D. Northcut t,
llnal account and distribution.
N. P. 1207 The estate of T. Reynold!;
petition for distribution.
N. P. 2150 The estate of E. Wall; letters
of administration.
N. P. 1772 The estate of J. Howe; final
account and distribution.
N. P. 759 The estate of R. Hunter; final
account and distribution.
N. P. 2149 The estate of D. P. McEwen;
letters of administration.
N. P. 2137 The estate of Lavlne Samp
son, insane; letters of guardjjinship.
N. P. 1609 The estate of Carl Richardson;
N. P. 2134 The estate of Edith J. Per
son, minor; letters of guardianship.
N. P. 1731 The estate of Mary Cheese
boro; final account and distribution.
N. P. 2127 The estate of E. L. Seeber;
letters of administration.
N. P. 2128 The estate of F. D. Seeber;
letters of administration.
N. P. 1798 The estate of D. H. Bellows;
final account.
N. P. 2123 The estate of Ella G. McMaß
ters: letters with will annexed.
N. P. 163S The estate of R. N. C. Wilson;
petition to set apart the estate to
10,334 The estate of J. Hummel; cita
N. P. 1486 The estate of C. W. R. Ford;
petition to sell personal property.
12,919 The estate of W. H. Rldenour;
annual account of executor and annual
account of guardian.
17,717 The estate of Mary J. Brown; peti
tion to mortgage real estate.
11.45S The estate of Miguel Leonls; peti
tion for special letters of administra
N. P. 2161 The estate of J. Sehlesse et al.,
minors; letters of guardianship.
In holiday recess.
In holiday recess.
In holiday recess.
Nothing set.
People vs. McMillan; 9:30.
Stephens vs. Me Wo; 1:30.
Norton vs. Train; 10:30.
Haines vs. Pacific School of Osteopathy;
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