The San Francisco call. [volume], April 26, 1895, Page 5, Image 5

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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STILL AFTER GIBSON
Durrant's Attorneys In
dicate Their Line
of Defense.
A DOUBT TO BE CREATED.
■The Pastor Questioned as to
Samples of His Hand
writing.
HIS RELATIONS WITH DURRANT.
A New Witness Is Brought Forward.
Prosecution to Close
To-Day.
It was another day of black slouch hats,
dan. coats and darker hints in the Durrant
hearing yesterday.
Dr. Gibson was recalled to the witness
stand and his testimony opened the morn
ing session of the court. He had evidently
forgotten Judge Conlan's sarcastic lash,
under which he writhed the day before,
and the finely cut innuendo of Deuprey
and Dickinson had seemingly been erased
from the tablet of his rather erratic memory.
As he stepped on the witness-stand his
manner betrayed considerable nervousness,
and when put on the rack of cross-ex
amination further indications of a per
turbed condition of mind were not want
ing. His answers came snappishly —
some cases savagely, and as Dickinson's
suggestive questions forged link by link
into a long chain of insinuation weighed
on his mind he threw back his head
angrily, and as Dickinson proceeded to
tighten the inquisitorial thumbscrews his
whole manner became bitterly defiant.
It is no marvel that the minister grew
angry under the searching questioning of
the defense. The inquisitor was rigid and
the torture keen. In the tones of Dickin
son there was a sarcastic drawl, in his
small penetrating eyes an expression of
mirth, and in every question propounded
to the suffering "divine something more
than an insinuation of complicity in the
foul crimes charged against the young
medical student, Theodore Durrant. If
anything was needed to make the discom
fiture of this ministerial witness complete
it was found in the hypnotic gaze of Deu
prey, which was fastened on the reverend
gentlemen with a persistency that would
indicate the lawyers desire to explore the
inmost recesses" of the minister s soul in
the hope of rinding something new to be
offered in evidence. .;.' r
The conduct of Dr. Gibson since the in
ception of this inquiry into the Emmanuel
Baptist Church tragedy has been the sub
ject of much unfavorable comment, and in
some quarters of the harshest kind of
criticism. No one can deny that his course
has been impolitic, manifesting a woeful
dearth of practical [edge; but the
candid censor must take into consideration
the character of the man, molded as it was
in an environment of pastoral quietude,
and finding little sympathy with those
whose duty it is to ferret out the dark
crimes of a great city.
Dr. Gibson has never been at a coroner's
inquest or in a police court before in his
life. He is wholly ignorant of the methods
of criminal procedure. When the body of
Minnie Williams was found murdered in
the church it never occurred to him that
the police should be notified. He thought i
first of an undertaker. !
When questioned by the reporters he
: answered evasively or refused to answer at
all: It should not be forgotten in th con
nection that he had been previously in
. structed by the police to "keep his mouth
shut," and that in his own country giving
information to the press after police
' prohibition in criminal cases is liable to
severe punishment.
In worldly matters Dr. Gibson is a child.
He is not a metropolitan minister with an
experience touching all sides of life. Born
•in a quiet suburb of Edinburgh and edu
cated in the cloister-iike seclusion of a
theological school near London his pas
toral experience, brief and uneventful, has
been confined to an unimportant parish in
England and country towns in California.
Once, while occupying the Baptist
church pastorate at Red Bluff he was ac
costed by a drunken man in the street who
insisted "on a fight. The reverend gentle
man straightway too to his heels, and the
town boys still remember the day when
they saw the dignified pastor legging it
down the principal street as though pur
sued ny the "Old Nick" himself.
Men hardened , by experience, who can
look unmoved on the nude and mutilated
form of a murdered girl, cannot, or will
not. understand why a man should shud
der at the mere thought of such a scene.
A break occurred to relieve the monotony
of the tedious and interminable question
ings on the same points, near the close of
the morning session. It was while Dr.
Vogel was on the stand. Counsel for the
defense had asked him if he thought he
could remember and identify the clothes
. worn by Durrant on the night of the
Young People's meeting at the witness'
home. That was on the fatal Friday night
when the poor girl lost her life in such a
horrible manner in the desecrated and
blood-stained edifice on Bartlett street.
Dr. Vogel was in doubt, and General
Dickinson asked Durrant to step out where
. his old friend and whilom associate could
get a full view of his attire. It was right
fully inferred from this instruction on the
; part of counsel that Durrant was dressed
the same as on the night of the gathering
at Dr. Vogel's house.
A general movement among the specta
tors followed. There was a era:, of
. necks and shifting of positions and every
eve in the courtroom was directed toward
the prisoner. The stillness which ensued
was as though every breath was being held,
only to be broken by the soft tread of the
accused as he left his seat beside his coun
sel and walked over to an open space
almost directly in front of the witness
stand and very close to the press table.
It must have been a painful moment
for Durrant— not that there was any par
ticular significance attached to the wit
ness' ability or failure to identify his
habiliments, but because he must have
realized that hundreds of keen, curious
and coldly critical eyes were fastened on
him and that in the minds of many his
guilt or innocence, perhaps, would be
judged according to his manner and con
. duct, e%-en to the flutter of an eyelid or the
trembling of a linger.
But he withstood be trying ordeal as he
has met all his trials. He was perfectly
natural and collected. As he looked his
former friend straight in the eye an open
and frank smile lighted up his countenance
and a warm color was in his cheeks. That
■ smile and glance seemed to say to themau
who stood before him, "How strangely al
tered are our relative positions since last
we met"; and it might have said further,
"I don't think, old boy, that you can re
member what I wore that night at your
house." And the doctor could not re
member, and, so saying, was soon after
dismissed from the stand.
Durrant resumed his seat as self-pos
sessed as though just returning to his
studies after a recitation or class examina
tion in the college hall or schoolroom.
The examination was opened by the
recalling of Dr. Gibson by the defense.
. "Whose handwriting is the entry on that
blackboard?" asked General Dickinson,
handing witness a small blackboard eight
Inches wide by three feet in length on
Which was written in chalk: "The pastor
will be pleased to speak with visitors alter
the service."
"Was not your attention called to that
board and writing in your study at the
church last Thursday afternoon?"
w 1 es. sir."
"Do you remember what answer you
made when I asked you if that was your
handwriting when I was there with Eugene
Deuprey, Detective Bowen and two
others?"
"I think I told you it was written by
myself."
"Do you not remember that you posi
tively declined to answer?"
"I cannot just remember, but I think I
told you it was my handwriting."
"Then you do not know whether you
declined to answer my question last Thurs
day?" JH
"I have had so many things to remem
ber that I cannot be sure."
"Do you remember of my asking you for
a specimen of your handwriting and you
showing me this slip bearing the words,
'This is not the pastor's property,' which,
you said, you had written to have placed
on a book or something else?"
"I do; that is my writing."
"Is it the same as you usually write?"
"No, sir: it is a little larger, perhaps."
"Don't you write the same at all times?"
"It depends on what I am writing a
thing for."
After further questioning, in the same
drift, witness was asked if he had any ob
jection to furnishing the defense with a
specimen of his chirography.
"I must decline at this time, sir,"
"Why so?"
"For the same reasons that I gave you at
my study last Thursday."
"What were those reasons? Let us hear
them again."
•'Because I had declined to furnish any
thing to the prosecution, and I did not
think it would be fair to give anything to
the defense."
"Your memory is better as to what you
GENERAL DICKINSON CROSS-EXAMINING DR. GIBSON.
[Sketched in court by a "Call" artist.]
told us on this subject last Thursday than
it was concerning your refusal to answer
us about the writing" on the blackboard?"
"It may be, but tnat is what I said."
Witness was next shown a hammer and
chisel, both of which he identified as being
the same he had brought with him to the
church. He said they were kept in the
bottom drawer of a room in the back part
of the church.
Notwithstanding witness' refusal to fur
nish the defense with a specimen of his
handwriting at this time, saying that they
could find specimens all over the Mission,
he was as obedient as a domesticated lamb
when the defense asked him to write on
separate slips of paper his own name, tnat
of George King, Professor Schernstern.
After finishing the first task set for him in
penmanship he complied with the follow
ing request of the counsel for defense to
write the same names on one piece of
paper.
"You preached in the Baptist chapel in
St. Andrews, did you not?"
"Yes. sir."
"Do you recall the name of the street on
which the chapel stands?"
"I can't just remember at the instant.
It was the principal street of the place."
"You lived there eight years and yon
say it was the principal street of St. An
drews, and yet you say you cannot re
member the name ofthe street?"
•'Yes, sir. I was there for eight years,
but I can't just now recall the name of the
street." /
"What were your relations with the
Durrant family was next asked.
•'They were always very pleasant."
"Did the defendant use to go into your
study and chat with you, and did you not
sometimes call him Theo?"
"He came into my study about three
times, but I don't remember ever calling
him Theo?"
"Durrant was a pretty useful man about
the church, was he not?"
"Yes, sir. He did a great deal of work,
and he was a good singer, singing tenor
and bass in the choir."
"You were in the habit of letting him do
all the work he wanted to, were you not?"
"Yes, sir; we let him do all he could."
"Now, as to the basin spoken of in the
back room. Did you ever use it for toilet
purposes?"
"Yes, sir."
}* How often?"
•'That depended wholly on circum
stances."
"Who furnished the towels for the j
basin?"
"They were furnished by myself."
"Where were those towels kept?"
"In a drawer near the basin."
"Did you have the towels washed and
brought back to the church yourself?"
••Yes. sir."
"Did you notice any blood stains on any
of them?"
"No, sir; not that I know of."
Albert 0. McElroy, 18 years of age, liv
ing at 40 Shotwell street, was next called.
"Where were you on Friday night. April
12, between the hours of 7:30 and 8:30
o'clock?"
"On Bartlett street, near Twenty-third."
"Whom did you see there?"
"I saw a man go up toward the corner
and meet a woman."
It was another case of slouch hat and
long black overcoat.
"Did you notice anything strange in their
actions?"
/When they passed me the man tried to
shield the woman with his shoulder like."
"\J hat was the difference in their size?"
"The man was considerable taller than
his companion. As they got down to the
corner a woman came along and passed
them." & "
"How was the man dressed?"
"He had a long dark overcoat and slouch
hat."
Being shown the hat and coat witness
was unable to identify the garments. He
said the coat looked something like that
worn by the man he saw, but that was as
far as he cared to go apparently.
Have you seen Durrant since that
night?"
"Yes, sir; I saw him in the Chief's office
Sunday night."
"How do you think he compared with
the man you saw Friday night?" con
tinued Mr. Barnes.
"Well, the hat, coat and hair looked
something like, but Durrant seemed to be
two or three inches shorter than the man
I saw." . V.* '..•;-■;. <
On cross-examination nothing new was
elicited, neither was the witness led to mix
up his statements. ;A-^:-j/.
On the redirect witness was asked by Mr.
Barnes:
"What did you see after the man and
woman were gone?"
"While I was around back of the church
I saw a light moving about in the lower
floor of the church." , ' ' ; *._£
The witness had been waiting for a
friend named Minner when he saw the
THE SAN FRANCISCO CALL, FRIDAY, APRIL 26, 1895.
strange man in long overcoat and slouch
hat, and the woman who met him. When
witness saw the light in the church Minner
was with him.
Witness was not shaken on the second
cross-examination.
Burt James M inner was then introduced
to corroborate the preceding witness.
"Were you near Emmanuel Baptist
Church on" Friday evening, April 12?"
"Yes, sir, back of the church."
"Did you see a light in the church at that
time?''
"Yes, sir. I was going across the lot
with McElroy when he said, 'Oh, look at
the light in the church.' I turned my
head, and looking over my shoulder saw
the flickering of a light on the lower floor
of the church."
Witness was not cross-examined.
Henry Snook was next recalled to iden
tify the* picture taken of Minnie Williams
at the vault in Laurel Hill Cemetery.
Deputy Coroner McCormiek was the
next witness. He described the circum
stances attendant on the discovery of
Minnie Williams' body at the church, the
notification of the Coroner and witness'
subsequent visit to the church.
"How was the body lying when you got
there .' •
"On the floor of the closet, with pools of
blood near the head and under the table.
The outer garments were up about to the
knees, while the underclothes were up
higher. One leg of the drawers was torn
off and one limb was drawn up to a sharp
angle."
"Were there any portions of the center
of the body exposed?"
"Not when I got there."
Witness followed this up with a descrip
tion of the strips of cloth taken from the
dead girl's mouth, the stick found under
the body, and the examination of the teeth
by Dr. T. A. Vogel.
Nothing new was brought out on the
cross-examination.
Dr. Thomas A. Vogel, dentist, at 2202
Howard street, was the next witness.
"Did you know Minnie Williams during
her lifetime?" asked Prosecuting Attorney
Wakeman.
"About four years."
"When did you last see her alive?" -'.'.'
»'"At a reception given to Dr. Gibson in
the church four weeks ago."
"Did you see Miss Williams when she
left the church that night?"
"Yes, sir; I accompanied her home. She
and I first accompanied Miss Lord to her
home and then Miss Williams went to my
house and stayed all night with my
cousin."
"Do you know the defendant Durrant?"
"Yes*, sir."
"Did he attend a meeting of the Young
People's Society at your house on Friday
evening, the 12th ?"
"Yes, sir."
"Was he secretary of that society?"
"I do not know positively, though think
he was acting secretary."
"What time did he arrive the night of the
society meeting?"
"I think it was about 9:30 o'clock."
"What was his appearance on his arrival
at your house?"
"Well, he seemed overheated and his
hair was disheveled. He asked to wash his
hands and brush his hair and I took him
into my office."
"Did" he say where he had been?"
"1 do not remember exactly, though I
think something was said which left the
impression on my mind that he had been
out with the signal corps."
"How long did he take to wash his hands
and perform his toilet?"
'About two minutes."
"Were you in the room with him during
that time?"
"Yes, sir; and then we went into the
parlor."
"Was the business meeting over at the
time of his arrival?"
"Yes, sir."
"Had Durrant been at your house on
similar occasions before?"
"Yes, sir."
"Do you recall how he was dressed that
night r
"I think I can. He had on a long, dark
overcoat and soft hat."
"Do you think you could identify the
hat and coat?"
"Possibly."
Witness was thereupon shown the de
fendant's hat and coat. He paid they
looked very much like those worn by him
on the night of the society meeting."
"When did Durrant leave your house
that night?"
"He left with the rest of the company.
I met him just outside the threshold as I
was going to accompany two young ladies
home who were without escorts."
"Did Durrant go along with the crowd?"
"Yes, sir. He went as far as Twenty
fourth street and there left us, saying that
as he wanted to get up early to go away
with the Signal Corps he must get home/
Before being turned over to the defense
witness answered a few questions as to his
identification of Minnie Williams after
death by examining her teeth.
Cross-examination.
"You say you were standing on the stairs
when Durrant came in on the night of the
society meeting at your house?" asked
General Dickenson.
"Yes, sir."
"How do you know it was half-past 9
o'clock when Durrant arrived?"
"Because my father was standing at the
head of the stairs and just as Durrant came
he looked at his watch and remarked that
it was just half-past 9 o'clock."
"Was there anything unusual in his ap
pearance when he arrived at your house?"
"Nothing except that he was overheated
and that his hair was rumpled."
"Was there anything in his appearance
to indicate that his heated appearance
might not have been caused from rapid
walking?" !
"No, sir; it might have been caused from
rapid walking."
"Did he act naturally as ever during the
evening—move around among the guests
and chat with them as any one else might
have done?"
"Yes, sir."
"Do you think you could identify the
clothes worn by Durrant at the society
meeting at yonr house?."
"I cannot tell."
Durrant, in obedience to the instruction
of his counsel, left his seat and walked
over a few* paces nearer the witness-stand
in order that the doctor might obtain a
good look at his attire.
Nothing material was elicited during the
further questioning.
Miss Catherine B. Stevens, one of the
young ladies who discovered the body of
Minnie Williams on the Saturday morning
following the party at Dr. Vogel's, was
then called.
The accused was perfectly self-possessed.
He was natural, without being self-con
scious in tho effort at nonchalance, and as
he looked straight into the eye of his
former friend and church associate an
open and friendly smile overspread his
face and a faint color mounted to cheek
and brow. He remained standing until
witness said he was satisfied he could not
identify tiie prisoner's attire as being the
same or even similar to that worn by him
on the night of the Christian Endeavor
gathering.
"Were you in Emmanuel Church on the
morning of Saturday, April 13?"
"Yes, sir."
"Who were you with?"
"Mrs. Nolt, Miss Lord and Miss Bevey."
"Did you see the body?"
"Yes, sir."
"What did you do then?"
"I left the room."
"Did you know Miss Williams during
her lifetime?"
"Just to speak to her— speaking ac
quaintance."
"Are you a member of the Christian En
deavor Society?"
"Yes, sir."
"Do you know Miss Fales, Miss Lord,
Mrs. Nolt, Miss Berry, Mr. Wolfe and Mr.
Durrant?"
"Yes, sir."
"Did you see them at the meeting of the
society Friday evening?"
"Ye., sir."
"What time did you leave Dr. Vogel's
house that evening?"
"A little after 11 o'clock."
"Where did Durrant leave your party
that night?"
"At the corner of Twenty-fourth and
Howard streets."
On cross-examination witness said that
Durrant's manner throughout the evening
at Dr. Vogel's was as natural as ever. ,
Miss Miriam Lord of 846 Capp street was
recalled: .
"Did you know Minnie Williams during
her lifetime?"
"1 knew her about four years."
"Were you in Emmanuel Church Satur
day morning before Easter?"
"Yes, sir. I was there^ with Mrs. Nolt
and Miss Stevens. Mrs. Nolt wanted to go
into the library, and when we went into
the room she made the remark that there
were no books in sight. We then stepped
over to the closet door and opened it. and
there on the floor lay the body."
"Did you stay to examine it?"
"No, sir." -"-r;
"Did you notify anybody at the time?"
"No, sir; not personally. We spoke to
the janitor boy."
Witness in subsequent answers corrob
orated the preceding witness relative to
Durrant's movements on Friday night,
when the party separated on going home,
etc. Wolfe, Durrant and witness walked
from Twenty-fourth and Howard, where
they left the other party, to Twenty-fourth
and" Capp streets, where Durrant left Wolfe
and the witness.
On cross-examination she also corrobora
ted the preceding witness as to Durrant's
natural manner on the Friday night at Dr.
Vogel's house.
Attorney Barnes announced that he had
some very important business of a private
nature to attend to in the afternoon, and
that while he had every confidence in Mr.
Wakeman, he still desired to be -resent
throughout the entire examination as he
expected to be with the case in the Su
perior Court, and would, therefore, ask the
court for a continuance until 10 o'clock
Friday morning.
"How much longer do you think it will
take the prosecution to get all of the testi
mony in? asked Judge Conlan.
"1 think, your Honor, that we can finish
by the noon adjournment to-morrow if you
will grant the continuance until 10 o'clock
in the morning," replied the counsel for
the people.
The defense started to interpose an ob
jection, but after General Dickinson and
Eugene Deuprey had consulted a few mo
ments they concluded to let Mr. Barnes
look after his private affairs witout opposi
tion from them.
Attorney Barnes' handsome round face
was in perihelion with the warm flush of
pleasure which overspread it from mus
tache to mansard at this evidence of fra
ternal generosity and professional sym
pathy from his brother "Cokesters."
A roar from the bailiff, a filling out of
Captain Douglass' brass-buttoned chest
measure, a shuffling of 500 feet and court
stood adjourned until this morning at 10
o'clock.
CRANKS DEVELOPED.
Tricksof the Morbidly Curious
to Get a View of Dur-
rant.
The firm stand taken by Chief of Police
Crowley in keeping the morbidly curious
out of the City Prison has prevented it
being turned into a public museum to
which thousands would have flocked to see
Durrant. A case such as the terrible Em
manuel Church tragedy brings to public
notice many sorts of cranks.
Several who are bordering on the verge
of insanity get so exercised that they be
come insane, while others resort to all sorts
of tricks to gain a view of the murderer.
Some wish to be brought in connection
with a murderer so as to gain notoriety,
possibly for business purposes, but the ma
jority only hunger to see the murderer out
of morbid curiosity. Mrs. Williamson,
who made a scene in court, and the many
who have written letters to the police and
the newspapers, have evidently gone in
sane by thinking about the case when par
tially unbalanced mentally.
The ardor of the morbidly curious was
considerably dampened by Chief Crow
ley's order that no flowers be sent to Dur
rant, and many who habitually fawn on
murderers have failed to get near the
doors of the City Prison. Several police
men have been stationed at different
places in front of the prison ever since the
arrest of Durrant, and few were let in the
lines formed by the strict guard. Two
women of more than middle age, who for
years have had the habit of calling on al
leged murderers made their appearance
soon after Durrant's arrest, and when re
fused admittance were astonished, and
went away muttering threats against the
Police Department.
Some women in the guise of spiritualists,
physiognomists and phrenologists have
repeatedly called at the prison, and have
made all" sorts of excuses to get a view of
the accused murderer. One old woman
said she could determine whether Dur
rant was guilty or innocent by placing her
hand on any part of Durrant's body, either
his face or his feet. Another claimed to be
able to tell by the shape of Durrant's head
and neck whether he could have been able
to commit such crimes as he is charged
with. 6
None of these women secured permission
to see Durrant, for they were classed with
pretended spiritualists who claimed to
have received spirit messages from Blanche
Laraont and Minnie Williams which they
desired to deliver to Durrant.
One woman was cunning enough to gain
the much coveted view of the accused
murderer. A few days ago a neat-appear
ing woman and a respectable-looking man
came to the office of the Chief of Police.
The woman said she lived near the Cooper
Medical College, and if Durrant was the
man she believed him to be she would have
some valuable information for the police.
She was given a good look at Durrant, and
then said he was not the man.
As she and her supposed husband went
away they smiled triumphantly, and the
police believe she only resorted to a sub
terfuge to gratify her curiosity.
The tricks tried by other people, both
men and women, have been very numer
ous. Some come into the prison under the
pretense of looking through the prison, as
they are strangers in town, others come to
look for mythical lost children, while
others inquire for supposed friends, ex
pressing the fear they have been arrested
for insanity or drunkenness. Many of
these have been admitted, but they are
taken quickly past Durrant's cell and they
have no chance to see him, as he generally
sits at the rear of the cell, where he can
not be seen very dirtinctly. So, in the
cases of all the morbidly curious none but
the one couple have succeeded in getting
a good view of the man. who is thankful
to the police for at least one thing, that of
not being placed on exhibition as a public
curiosity. - • ;«
The Blythe Cast) Again.
In the matter ot the estate of Thomas H.
Blythe and the appeal of Alice Edith Blythe,
the time for filing appellant's brief in reply in
the appeal expired yesterday. Henry E.
Hlghton, the attorney for appellant, has ap
plied for ten days' extension In which to fife
his brief, averring pressing engagements and
illness to account for the needed delay.
A Robber Convicted.
Thomas Hutchison, charged with robbing
Michael Mattison of $12 50, was convicted in
Judge Wallace's court yesterday by a jury.
Hutchison has a previous conviction for
robbery against him.
A. P. BROWN ISN'T GREEN.
.-. .-■*...- ■ .
He Succeeded in Drawing a
Salary Without Doing
the Work.
CEMENT FOR THE CITY FRONT.
"
An Unknown Mlxlng-Room— Work
of Soule and Marx— Report
on the Concrete.
A. Page Brown, architect of the ferry
foundation and of his own fortunes, was
for once in evidence on the water front
yesterday. Not very largely in evidence
was Mr. Brown, for he shrank from a per
sonal encounter with the noxious gases
from the sewers and the perfume of bilge
water. The complexion of the architect
has been depicted as glowing in nearly all
the colors of the rainbow in the past few
days, but there is one color which cannot
be said to have set with becoming dignity
on the brow of this modern contractor of
PROFESSORS MARX AND SOULE, WHO ARE NOW ENGAGED ON
THE WORK O INVESTIGATING THE FERRY FOUNDATION.
temples and towers and ferry foundations,
and that is a bright emerald setting.
"Mr. Brown cannot be said to be green
by a tower site, or a mill site or any other
site," said a man yesterday who has been
keeping tab on the progress of the work at
the foot of Market street. "In the language
of President Colnon and the contract, Mr.
Brown has not done his work, but he has
the money for not doing it just the same.
It looked black for Brown when Colnon
set his investigation on foot, and I've seen
him painted blue and red since, but you
can't say that he was green inasmuch as
he got the ducats before they were due
him."
Mr. Brown has evidently come to the
conclusion that something more than sug
gestions in specifications and the drawing
of plans is due to the Harbor Commission
ers and the public for the $20,000 he has
drawn down, and while he did not think it
compatible with his dignity to appear in
person on. the foundation he sent his rep
resentative in the person of a draughts
man from his office named Rowell. The
latter spent the better part of yesterday on
top of the piers and supervised the work.
"Mr. Brown says he has had a man on
the foundations all the time,", said Presi
dent Colnon, "but if he has nobody con
nected with the work has been fortunate
enough in making the acquaintance of the
gentleman. I surely have not met him.
Neither has the inspector of the founda
tions. Mr. Brown has evidently concluded
that it was a part of his contract to super
vise the work and for that reason has put
a man down on the foundation to take his
place."
Harry Gray, one of the contractors, who
has been supplying the concrete in the
Architect A. Page Brown, Who Is
Charged With Having Violated His
Contract.
[From a photograph.]
foundations, said yesterday that the al
leged report of the Grand Jury, published
in yesterday's morning's Chronicle, was a
misstatement all through.
"I don't know whether to be indignant
or amused at that article," said Mr. Gray.
"It was a series of misrepresentations from
beginning to end. The man who made the
charges about mixing the cement with
briekdust once worked for us, and we dis
charged him for drunkenness. We have
no mixing-room either at the quarry or at
the ferry. The concrete is mixed on a
platform at the foundation and in full
sight of the inspectors and the public."
While Architect Brown is trying to
"keep out of the newspapers" and telling
the Harbor Commissioners that he was so
busy he could not supervise his own work
President Colnon's scientific experts are
dipping systematically down into the
ferry foundations to learn just what was
done when Mr. Brown, architect, was
elsewhere.
Professors Soule and Marx of Berkeley
and Stanford are making a most thorough
examination of the whole work. From
the piling to the character of the rock
used, from the cement to the concrete,
every item in the construction will be : put
to tbe severest test, and the final report of
the scholarly examiners twill be full and
accurate.
"Professors Soule and Marx," said Mr.
Colnon yesterday, "have been selected in
view of their high characters and general
fitness, ana from their scientific tests ap
plied to the work and material the ques
tion of the durability of the foundations
will be forever settled. They are at liberty
to conduct their examinations as they
may choose, and the Board of Harbor Com
missioners will assist them through every
stage of the survey. The work will be hur
ried forward as "fast as possible, which
will necessarily be retarded because of the
fact that Professors Soule and Marx are
employed five days of the week at their
respective universities, and can only put
their off or leisure time on this duty.
"They have .visited the Telegraph Hill
quarry, from which the rock is taken, and
selected specimens for a test as to density.
Portions of the cement and everything
used in the concrete, as well as the man
ner of forming the concrete, will be ex
amined. Professor Marx took a cube of
concrete from one of the walls and will
make a test of it at Stanford. The only
part of the work that cannot be got at for
examination is the piling under the piers,
and whether there are seventy-five piles
under each pier and are driven the re
quired depth into the bay bottom."
The following is a report of a test made
by Superintendent Noble of the Pacitic
Rolling-mills at the request of Engineer
Holmes which is favorable to the quality
of the concrete:
H. C. Holmes Esq.— Deab Sir: I received
from you two blocks of concrete marked Nos. 2
and 3. These blocks I tested for compression
with the following results:
No. 'J— The elastic limit was 46,530 pounds.
Pressure was maintained until rupture began
and showed 55,950 pounds. Did not carry the
pressure to destruction.
No. 3— The elastic limit was 48,650 pounds.
Pressure maintained until rupture began and
showed 56,700 pounds. Did not carry the
pressure to destruction.
I return herewith the blocks with the origi
nal marks on them. This concrete is especially
good and above the average. Yours truly.
- P. Noble.
Engineer Holmes says in further ex
planation of the above test that four sam
ples were taken out at the places indicated
by Soule and Marx, and _nos. 1 and 4 were
carried away by the professors while Nos.
2 and 3 were sent to Mr. Noble.
"The average crushing strain for con
crete six months old," said Mr. Holmes,
"is sixty tons to the square foot. No 2
sample was one-fourth of a square foot in
area. Consequently the rock was sub
jected to a pressure of 112 tons to the
square foot. This concrete was put in Oc
tober 23, 1894.
"Sample No. 3 was one-third of a square
foot in area, and was subjected to a break
ing strain of eighty-five tons to the square
foot. This was put in the piers June
27, ISO.. The first sample was one-fifth
part cement and the second one-sixth."
Mr. Holmes states that the Grand Jury
may take samples of concrete from any
part of the piers which are properly set.
The. order for cement is given on J. D.
Spreckels & Bros., who deliver it to McNab
& Smith, the draying firm, by whom the
cement is hauled to tde ferry. *No mixing
is done at the quarry, according to En
gineer Holmes, out on the platform at the
ferry, where the work can be viewed and
inspected by the public.
VERDICT FOR DICK HEATH
The Jury in the Examiner Libel
Suit Awards Him Dam
ages.
Attorneys W. H. L. Barnes and Grove
L. Johnson Argue at
Length.
The suit for $10,000 damages for libel
brought by Richard S. Heath against the
Examiner for referring to him as having
participated in a barroom fight came to a
conclusion in the Superior Court yester
day, a jury returning a verdict for the
plaintiff and assessing the damages at
$2500.
Yesterday's proceedings consisted mainly
of argument by counsel. Attorney W.
H. L. Barnes opened, Grove L. Johnson
replied and Barnes closed. Both attorneys
made a special effort, and the courtroom
of Judge Murphy, where the case was
tried before Judge Hunt and a jury, was
crowded throughout the day.
General Barnes opened by picturing the
wide influence for good or evil of a metro
politan journal, and insisted upon the ne
cessity for fair and careful treatment of
the news. He said that the Examiner had
been affected by animus against Heath in
publishing this libel, and that its retrac
tion was, if possible, worse than the ar
ticle complained of.
Counsel compared the character of the
witnesses who had spoken for and against
his client's reputation and condemned the
testimony of any junketing party of men,
who, on slight acquaintance, had, he
said, come to swear away a man's char
acter. He explained that there were com
pensating damages and exemplary dam
ages, and that the nature of this assault
on his client could only be met by the jury
awarding exemplary damages. The gen
eral pictured the acute misery and shame
occasioned the innocent victim and his
relatives from a libelous article, and plainly
stated that the Examiner in implicating
Heath in this saloon row had simply de
sired to further embarrass the man it
believed guilty of the McWhirter murder.
Grove L. Johnson almost immediately
in his reply took the ground that Heath
was a rowdy and a barroom brawler and
as such could not be libeled in being mixed
up in a saloon fight. He declared that if
the article had been written about Corbett
or Sullivan they would not have recognized
it as a libel. As a matter of fact the Ex
aminer had depicted Heath as a chivalric
champion of a friend who had been as
saulted. He described the necessity for
great papers to disseminate intelligence
and uphold morality and maintained that
by its retraction the Examiner had done
everything possible or needed in order to
appease the feelings of a rowdy and a man
of fighting blood. He declared that his
seventeen Fresno witnesses who had testi
fied to Heath's bad character were in
finitely more worthy of credence than
Heath's eleven San Francisco witnesses to
his good character. At the most Heath
was not entitled to more than $1 damages.
• In his closing remarks General Barnes
deprecated the attack on his client, who
he declared had j been proved a reformed
man. He stated that he himself had taken
the case merely out of regard for General
Heath, theyoung man's father, for friend
ship for W. W. Foote, Heath's attorney,
and also because he believed young Heath
had been hounded without the least jus
tice. He did not seek money in the case,
and at first had offered to settle on condi
tion that he received a vindication which
might be made part of Heath's record in
his trial then coming on. That vindica
tion had been delayed, and now it was left
to the jury to give it.
The jury was out only a little over an
hour, and upon its return rendered the
verdict as stated. The usual stay of pro
ceedings to allow of an appeal was granted.
Silk is so cheap in Madagascar that the
poorest people wear clothing made of it.
_J PALESTINE CORN 0
a Is hard to beat. Can be planted till __
A June. Yields about 2,000 lbs. corn and 5
J 12 tons excellent fodder per acre on dry 0
0 land. Can be harvested with combined _k
£ harvester. Send $1 per acre for seed _[
«T desired. Address: SACRAMENTO RIVER 0
0 NURSERY CO.. WALNUT CROVE. CALIF. A
9W/&W*'*%&W_*/_^_,
NEW TO-PAY.
theT
I I iJ____#
POWER
OF
MONEY!
f""sjLsl.oo
MATCHLESS!
It is marvelous the power of
money ! As an example of what
ready money will accomplish in a
depressed market here's this pretty
Oxford Tie, vici kid foxed, with
pointed toe, V-shaped tips, turned
soles. We sell it for
SLOO.
It looks and fits as well as any
$150 tie, and will give splendid
service. Remember, your money
back if not satisfactory.
SOUTHERN TIES.
eh 11L... 01 en
J&-JJJ&VII3U
y||l||g|j _TZ^7^i"%--.- v -.. rT7_3___ .__
'" l *' l --'»-U-__^-?'^ !^y - wii'iiVrri>i'*"i'r ______
CASH! CASH! CASH!
That is the secret of our low
prices. We have the largest Cash
capital of any concern in San
Francisco, and we buy at NET
CASH PRICES. Therefore, while
others must charge you $2 and
$2 50 for this latest and prettiest
style of low shoe we can sell it at
51.50.
Tan cloth top, tan vici kid fox,
pointed toe and tip, hand turned,
and your money back if not satis-
factory.
"tTsi.oo
_? X* \^ Sizes 4to 8.
A pretty tan shoe, V-shaped tip,
spring heels, neat square toe, for
children between 2 and 5 years.
This is a good shoe for wear, and
the color is just a shade dark, verg-
ing on russet. It will not show
the dirt as readily as the lighter
shades.
W lirtt 01 -*___
Hi OliZu
P^S^_^bK_
For the older children, those be-
tween the ages of 6 and 12, we've a
stylish tan shoe, neatly finished, a
good fitter and splendid wearer.
Others will ask half a dollar more
for the same shoe.
Sizes 8 to 10*. $1.25
Sizes 11 to 2 - - - - - $1.50
LOW SHOES FOR
.CHILDREN.
t u *___U_
SANDALS.
These little slippers for the chil-
dren are, we believe, carried by us
exclusively. At any rate, our
prices are exclusive. They come
in tan or patent leather, medium
round toes, spring heels and turned
soles. The prettiest kind of slip-
per for after-dinner wear in sum-
mer hotels or for dancing parties.
Sizes 5 to 7}_ $1.25
Sizes 8 to 10}_ $1.50
Sizes 11 to 2 $1.75
Children's Tan Oxfords.
Graceful, stylish, serviceable, and
at prices astonishingly low.
Sizes sto l_i $1.00 ,
Sizes 8 to 10 »_ $1.25
Sizes 11 to 2 $1.50
We are the San Fran-
cisco selling agents for
Buckingham & Hecht's
San Francisco made Fine
Shoes.
Country orders filled and shipped
upon receipt. .
Catalogue free upon application.
Kast's
738-740 Market St.
THE LATEST DESIGNS
In WOOLENS-FOR SPRING 1895,
HAVE ARRIVED.
H. 0. BRIDGE & CD. - Market St., up-
. 0. DnIUUL Ct OU. stairs, opp. Pal. Hotel
5