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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, May 21, 1895, Image 14

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14
ASSUME THE AGGRESSIVE
Claus Spreckels and His Wife
Sue Rudolph for an
Accounting.
STUNG BY HIS INGRATITUDE.
The Ingrate's Income Depended
on His Father's In
dulgence.
Claus Spreckels Sr. and bis wife have at
last turned upon their ungrateful off
spring. Yesterday they brought suit
against Rudolph Spreckels for a return
and accounting of 5000 shares of Paauhau
Plantation stock, valued at $500,000, and
yielding a monthly income oi $5000.
This is only the natural sequel of the
litigation set on foot by Rudolph and his
brother, C. A. Spreckels, in combination,
to vex, annoy and harass their parents.
For the past year and a half unwarranted
and unnecessary suits have been brought
against their aged father and mother, who
endured them for a time and acted
only on the defensive. Finally patience
ceased to be a virtue, especially wnen the
annoyance culminated last Friday evening
in an outrageous attempt to impede the
trip to Europe for the health and pleasure
of their father and mother and sister. It
was this last act of ingratitude that brought
the long-suffering father and mother to set
on foot litigation to cut off the income
and fortune of their ingrate son.
Almost the last Instruction left by Claus
Spreckels Sr. to &is attorneys, Delmas &
Shortridge, was to commence this litiga
tion. It will be followed by other aggres
sive actions calling the sons to a further
financial reckoning with their father.
Briefly stated, the suit instituted yester
day will turn the tables on the young men
and relegate them to the position of depen
dency whence they were raised by their
father's indulgence. The law is quite
clear as to how this may be done. For
instance, in regard to this stock which is
claimed by Rudolph, it appears ihat
it was delivered to him by his
father about two years ago and
lias since remained in his name. But
the delivery was not made with the con
sent of Mrs! Spreckels and she has decided
that the time has come to demand its
recall. Probably, had the sons not com
menced to vex and harass their father, the
$500,000 might have remained with Ru
dolph indefinitely. But not content with
hints, Rudolph Spreckels has openly aliied
himself with C. A. Spreckels in the process
of goading their father past endurance,
and it has been from the income of this
very stock in dispute that the sinews of
their untilial war have been secured.
The stock in dispute was community
property. As the complaint says with
some unconscious pathos: "The said
plaintiffs, Claus Spreckels and Anna C.
Spreckels, are and for more than forty
years last past have been husband and
wife." The property was accumulated as
a result of hard work and thrift. It was
intrusted to one of their sons, who has
never known what it is to save and toil,
and who, as a rich man's son, turned
against his loving parents. The mother
has determined to restrain her wayward
son and withdraw his resources, which he
was misusing, to the annoyance and in
jury of those to whom he owed all that he
possessed of the good things of life.
The law provides that no community
property can be given away by the hus
band without the written consent jf the
wife. Any such purported delivery of
Eroperty is absolutely void. This has
een decided in innumerable cases of
alleged transfers of dowers, homestead,
etc. Therefore, when Mrs. Spreckels recog
nized that the sons, whom she and her
husband had enriched, had reached the
limit of ingratitude, she said that they had
also reached the limit of their power to
harass their father. The sons had only re
ceived the stock a short time, and already
Mrs. Spreckels heard they were hypothe
cating and incumbering the hard-earned
fruits of their father's toil.
In accordance with this determination
to take decisive action with their mis
guided and headstrong children, Mr. and
Mrs. Spreckels yesterday filed the follow
ing suit:
In the Superior Court of the City and County
of San Francisco, State of California.
Claus Spreekels and Anna O. Spreckels, his
wife, plaintiffs, vs. Kudolph Spreckels, de
fendant. Complaint.
The plaintiffs above named complain of the
defendant above named, and for cause of ac
tion allege:
That the said plaintiffs, Claus Bpreckels and
Anna C. Spreckels, are and for more than forty
years last past have been husband and wife.
That on or about the 31st day of July, 1893,
the said plaintiffs owned and ever since have
owned, as husband and wife and as commun
ity property, 5000 shares of the capital stock
of the Paauhau Plantation Company, a cor
poration organized and existing under the
laws of the Hawaiian Kingdom (now known as
the Hawaiian Republic) and doing business as
euch corporation in and upon the Hawaiian
Islands.
That said 5000 shares of the said capital
stork of said corporation was on said last
named date and ever since has been and still
is of the value of $500,000, and the same was
on said date evidenced by certificates Xos.
of the said capital stock of said corpo
ration.
That said 5000 shares of stock of the said
Paauhau Plantation Company, and the whole
thereof, was upon said 31st day of July, 1893,
and ever since has been and still is the com
munity property of said Claus Spreckels and
his wife, Anna C. Spreckels, the plaintiffs
herein.
That said stock and the whole thereof was
upon said last-named day in the custody and
possession of said plaintiff, Claus Spreckels, in
the City and County of San Francisco, and was
then and there held and possessed by him as a
THE LITTLE BEAR
AND
THE NEW CIGAR
NOW that he has » ♦ #
found his first * * *
•'Captain Marryat"
Cigar he is correspond- » # » ♦
ingly happy. ..* * * *
"FINEST BEYOND QUESTION."
"CAPTAIN MABKYAT."
HARBURGER. MOM AN & CO.. N. V.,
Makers.
11. LEVI&CO., 117-119 Market St.,
Distributing Agent*.
part of the community property of said plain
tiffs, and not otherwise.
IV.
That on the said 3\st day of July. 1893, while
said 5000 shares of stock of said corporation
was in possession of said Claus Spreckels, and
while the same was possessed by the said Claus
Spreckels as community property of said
plaintiffs, and not otherwise, the said plaintiff,
Claus Spreckels. indorsed the said certificates
of said stock in blank by writing thereon and
on the back thereof the name ol Claus Spreck
els, and thereupon and on said day last named
and in the said City and County of San
Francisco the said Rudolph Spreckels ob
tained and secured possession of the said
certificates of said stock and of the
whole thereof, as a pretended gift of the said
5000 shares of said stock and of the whole
thereof, and said defendant then and there
and ever since has asserted and claimed and
does now assert and claim by virtue of said al
leged gift to be the owner thereof.
V.
That said purported gift of said stock and
of the whole thereof from said Claus Spreckels
to said defendant was made without any con
sideration, valuable or otherwise, and said de
fendant neither before nor at the time, nor
since the making of said purported gift of
said stock, has ever at any time paid or ren
dered or given unto said plaintiff's, or either of
them, any consideration, valuable or other
wise, or any equivalent, or any other thing
whatever therefor.
VI.
That said plaintiff, Anna C. Spreckels, the
wife of said Claus Spreckels, as aforesaid, at
and prior to and since the said 31st day of
July, 1893. has never at any time or in any
manner whatever, either in writing or other
wise, consented to the making of said pur
ported gift of said stock or any portion thereof,
or the conveyance thereof, or the transfer of
the possession thereof, or any part thereof, to
said defendant.
VII.
That at the time of the said purported gift of
said stock to said defendant and of the delivery I
of the possession of the aforesaid certificates of J
the shares thereof to him the said stock was
yielding and the said corporation was paying
thereon monthly dividends in a larpre amount,
and from said 31st day of July, 1893, down to
the present time the said stock has continued
to yield and the said corporation to pay
thereon said large amount of monthly
dividends. That ever since the 31st
day of July, 1893, the said defendant
has received said large amount of dividends
monthly; that said plaintiffs are informed and
believe and therefore state that said monthly
dividends so paid to and received by said de
fendant amounted to a sum of not less than
$5000 per month, which said defendant has
during said period received, appropriated and
applied, and still does appropriate and apply,
to nis own use, and has never in any manner
accounted to said plaintiffs for said dividends,
nor paid the same, nor any portion thereof, to
them or either of them; but, on the contrary,
the said defendant has ever since 6aid receipt
of the possession of the said stock from <=aid
Claus Spreekels on said 31st day of July. 1893,
claimed and asserted and pretended to be the
owner thereof, and has possessed and controlled
said stock as such owner thereof, and has ap
propriated and still does appropriate the same,
and the said dividends and income thereof
to his own use and benefit, and claims the
ripht to continue so to do. That as said plain
tiffs are informed and believe, and therefore
state, the said defendant has hypothecated
large portions of said stock in an "amount un
known to said plaintiffs to various persons,
nnd to secure obligations in large sums, the
amount of which is also unknown to said
plaintiffs, and said plaintiffs aver that unless
restrained by this court the said defendant
will continue to take and receive and appro
priate to his own use and benefit the dividends
acccruiug from said stock, and will further
incumber and hypothecate the same, and
thereby the said stock and the whole thereof
■will become lost to said plaintiffs.
VIII.
That heretofore, on the 18ih day of March,
1895, the said plaintiff's demanded of said de
fendant the return to them of said stock, and
of the whole thereof, and further demanded
from said defendant an accounting thereof,
and of the profits, income and dividends
thereof, but said defendant has at all times be
fore and since said demand refused and neg
lected and still refuses and neglects to return
said stock to said plaintills, or either of them,
or to render any acccinting whatever thereof,
or of the said profits and dividends thereof.
Wherefore said plaintiffs pray judgment
against said defendant herein, that said plain
tiffs are the owners and are entitled to the pos
session of said stock and of the whole thereof,
and that said defendant, has no right or title or
interest therein, or to any portion thereof,
and that said defendant be restrained from
further alienating, hypothecating or incum
bering said stock or any thereof, and
from drawing or receiving any of the profits
and dividends thereof, and that said defendant
De further directed and commanded by this
court to produce and surrender up and deliver
said stock to said plaintiffs, and that he do
further account to said plaintiffs for all the in
come and dividends heretofore received by
i him from and upon said stock, and that he
i pay over the same and the whole thereof to
I BHid plaintiffs as the community property of
said plaintiffs, and for such other and further
relief as may be meet in the premises, and lor
all costs of suit. Delmas & Shortriixje,
Attorneys for plaintiffs.
The complaint was verified by Samuel
M. Shortridge, attorney for the plaintiff,
as the code provides in the absence of the
plaintiff from the State.
Judge Slack issued a preliminary in
junction as prayed for and John D. and
Adolph Spreckels qualified as sureties on
the accompanying bond in the sum of
$25,000.
A GAP IB" THE PENCE.
House of Correction Wall Thrown Down
by a High Wind.
The high wind that swept across the City
yesterday blew down about fifty feet of the
high fence that surrounds the House of
Correction. It was lucky that the acci
dent happened just after "lockup time" or
some of the prisoners confined in the insti
tution might have escaped. The wind was
from the west and the fence being braced
only on the outside, fell in upon a large
bed of flowering plant 3 and shrubbery.
The remaining 250 feet of the west wall
threatened to topple over, but a guard and
several trusties succeeded in bracing it on
the inside in time. The fence is twenty
feet high, and on examination showed that
the posts and boards are decayed below
the ground.
Superintendent Clarkson ordered the
guards in the boxes on the four corners of
the yard to remain on duty several hours
longer than usual to prevent any attempt
to escape on the part of the prisoners.
During the night a guard was posted in
tiie gap with strict orders as to what he
should do if any one tried to pass. Sheriff
Whelan was notified by telephone.
This break in the fence is more serious
than might be supposed. In the first place
it reveals the fact that there would be little
trouble to dig out under the boards, which
were set deep in the ground. The next
question is how it will be repaired. In the
City's present financial distress the super
intendent considers himself lucky to get
provisions for the prisoners. It will re
quire many hundred feet of posts and
boards to close the gap and strengthen the
tottering wall that did not fall. There is
no money in the treasury for such purpo
ses, and none of the contractors or mer
chants will furnish the material and take
chanes on being paid.
BEATEN BLACK AND BLUE.
Joseph Andrien Swears Out a Warrant
for Xavier Mefret'g Arrest.
A warrant was sworn out in Judge Low's
court yesterday afternoon for the arrest of
Xavier Mef ret, director of a private school
at 1321 Powell street, on the charge of bat
tery.
The complaining witness is Joseph An
drien. a boy who is a pupil at Mefret's
school. The boy was accompanied by his
father, who lives at 720 Montgomery
avenue.
The boy said he was beaten yesterday
morning on the back and wrists by Met
ret with a fruit box. He was knocked
down, and while on the floor Mefret
kicked him w. ; th his feet till he was almost
unconscious. He denied giving the teacher
any cause for being punished.
The boy showed" his wrists, which were
bruised and discolored, and at the request
of the Judge he doffed his clothes and
showed his back, which was black and
blue and covered with lumps. He had
every appearance of having received an
unmerciful beating.
When the boy went home he told his
father of how Mefret had treated him, and
Mr. Andrien lost r.o time in taking him to
the City Hall and swearing out the war
rant for Mefret's arrest. The father was
intensely excited over the matter and ex
pressed his determination to make the di
rector suffer for bis cruelty to the boy.
There is an article on this market seldom
equaled and never excelled— Jesse Moore Whis
ky. Moore, Hum & Co. guarantee its purity. *
THE SAN FRANCISCO CALL, TUESDAY, MAT 21, 1895.
COMPANIONS IN SESSION
Some Important and Radical
Changes in Their Laws to
Be Enacted.
LIST OF NEW COMMITTEES.
Supreme Chief Companion Flynn
Recommends an Improved
Financial Policy.
Supreme Chief Companion Mrs. K. M.
Flynn called the ninth annual session of
the Supreme Grand Circle of the Compan
ions of the Forest to order in due form
yesterday morning in the A. O. F. Hall,
102 o'Farrell street. There were about
ninety delegates present, representing
fifty-five circles.
The first business was the appointment
of committees, as follows:
Credentials — Mrs. Ella Howard, San Fran
cisco; Miss Sophia Shobert, San Rafael; Mrs.
Morton, San Francisco.
Laws and supervision — M. Boehm, H. Beaver,
Mrs. Sophia yon Helms, all of San Francisco.
State of the order— M. P. Light, San Fran
cisco; J. A. Dinsmore, Seattle; Mrs. K. R.
Starns, Eureka, Cal.
Finance — R. N, MacLennan and P. F. Me-
Mrs. Annie Monaghan, O. O. F.
Xnlty of San Francisco; Mrs. Annie Monaghan,.
Sacramento.
Mileage and per diem — Mrs. E. M. McLane,
Mrs. B. Mackrett, Miss Oriel Whitten, San
Francisco.
Next place of meeting— Mrs. O. E. Allen,
Oakland; Mrs. Gregg, San Jose; Miss Shae,
Stoctton.
Press— Mrs. Enniß, Oakland ; Mrs. K. Howard,
San Francisco; Miss M alloy, Eureka, Call.
Written and unwritten work — Mrs. M. E. Fal
coner, Mrs. Boyd.Mrs. Crawford, San Francisco.
Distritution— Dr. Artlgues. William Haack,
Miss Sarah Johnson, San Francisco.
In her address the supreme chief com
panion reviewed the work of the organiza
tion since the last session and stated that
the membership of the order on the Ist of
April was 2561 and that quite a number
had been added since. During the term
eighteen new circles have been instituted
and seven have been suspended.
With reference to the financial standing
of the order she said :
I have found the per capita tax received by
this Supreme Circle insufficient to properly
conduct its business. It is necessary that a
supreme officer should visit every circle In the
Pacitic Coast jurisdiction at least once every
term. Interior circles particularly appreciate
and return pood results for official visitation.
I would, therefore, recommend that the per
capita tax be 50 cents per year.
As a reward for services rendered to the
order the degree of past chief companion
was conferred on H. Beaver.
Discussion of amendments occupied a
large portion of the session.
Last evening there was an entertainment
Mrs. M. Boehm, C. O. F.
and ball tendered by the local circles to the
visiting delegates.
The session will continue until Wednes
day afternoon. It is expected that the
laws will undergo a radical revision during
the session.
Great interest is being manifested in the
election of officers, tor supreme chief
companion Mrs. Minnie Asher of San
Francisco, the present supreme sub-chief
companion, is the only candidate now an
nounced, but it is expected she will have a
competitor. For supreme sub-chief com
panion the candidates are Mrs. Ella
Howard and Mrs. Goodwin, both of this
city. The most interesting contest will be
over the supreme secretaryship. For this
the candidates are Mrs. E. R. Roy, the
efficient incumbent, and Mrs. K. M. F~lvnn
the retiring supreme chiei companion.'wno
is being put forward for the office by her
friends, her. fine record as chief executive
having induced them to take this course.
*or supreme treasurer the only candidate
thus far announced is M. Boehm. Three
supreme trustees are to be elected, and
among the most prominent candidates is
Miss Annie Monaghanof Sacramento. Mrs.
bophia yon Helms is a candidate for inside
guard.
THE SOUTHEKN STJBUKBS.
Budget of News From the Potrero, the
Mission and South San
Francisco.
The steamer Kahului, Captain Tyson, is
at the Western Sugar Refinery's dock with
19,240 bags of raw sugar from Kahului.
Dr. Tandy Allen came in on the steamer.
He has been doing medical work for three
plantations— the Reciprocity, the Kipahula
and Greenbaum's.
The cargo of the Golden Bhore amounted
to 20,180 bags of sugar. A great day's work
was done yesterday by the force at the
Western Sugar Refinery's dock. Weigher
John Langor got the avoirdupois of over
13,000 bags, part of the Golden Shore's
cargo.
Henry Wonders and James Brown, two
employes of the Pacific Rolling-mills, went
fishing at California City Sunday, and ac
cording to J. H. Aver's steelyards they
brought back 54 pounds of rockcod, which
they said they caught within four hours.
They were around distributing the fish
among their friends yesterday.
James Eva of the Potrero, who has been
very sick for some weeks, is now conva
lescing.
The steamer Jabez Howes was discharg
ing a cargo of Nanaimo coal at the Western
sugar rehnery yesterday.
The South Ban Francisco Mail says J.
Miiiy and L. Nonnerman have gone to the
Pine Hill gold mines and that the future
of the diggings there is bright.
A "grab-bag" party is to be given next
Saturday evening at Myrtle Hall in South
San Francisco by the 'Pride of the Forest
Circle.
South San Francisco Parlor, N. S. G. W.,
will give a social and hall at the opera
house in the Masonic building on June 22.
Connection between the Bryant-avenue
cars at the Mission-street system at Twen
ty-sixth and Mission streets is in prospect.
The Bryant-street electric power house at
Eleventh street is to be completed in two
months.
Contractor Newbert has begun work on
the brick foundation for the series of build
ings to go up on the Driscoll estate on
Sixteenth street, near Mission.
The team of tue Mission Turn Verein
which is to attend the Pacific Kreisturn
fest, or tournament, at Los Angeles is com
posed of Albert Binse (instructor), John
Plato, John Harmes, Fred Wagner,
Thomas Steen, F. Nichol, John Vermerhn,
Oscar Carson, Adam Stroub, William
Barth, William Meserth and William
Meyer. A gymnastic entertainment was
given at the Turn Verein Hall on Eigh
teenth street Sunday evening for the bene
fit of the team.
"With a few more blocks of sidewalk
laid, Railroad avenue," says the South San
Francisco Mail, "will have three miles of
twenty-foot sidewalk."
Holly Park residents will ask Postmas
ter McCoppin to extend the 11 p. m. collec
tion to that section.
At Ocean View the contract for a 3100
--foot tunnel has been let by the Spring Val
ley Water Company to A. E. Buckman at
$4 45 per level foot, the work to be com
pleted by October 15.
Rev. P. P. Duffy, assistant rector of St.
Patrick's Church, is filling the place of
Rev. D. O. Crowley at the Yoouths' Direc
tory, 2030 Howard street, white the latter is
away accompanying Archbishop Riordan
to Europe.
FREDERICKS IS FEIGNING
Judge Murphy Holds Him
Sane and Sentences Him
• to Death.
Attorney Colwell Will Take an Ap
peal Upon a Techni
cality.
Murderer Fredericks was yesterday sen
tenced to be hanged on Friday, July 26.
There was some interesting testimony |
regarding the murderer's condition of j
mind before this stage of the proceedings
was reached. Before Judge Murphy's
court opened the slayer of Cashier Her
rick was subjected to a rigid medical ex
amination by three expert physicians in !
the Judge's chambers.
An immense crowd gathered round the j
County Jail, at the approaches to the City
Hall and round the courtroom itself to
witness the murderer in transit. By 10:15 j
o'clock the courtroom was tilled with peo- !
pie and the doors were guarded by offi
cers.
Fredericks' attorney, George E. Colwell,
was present, looking very sick, and after
Judge Murphy took his seat there was a
little preliminary brush between court, and
counsel as to the prisoner's rights. Fred
ericks had been brought in strapped, and
Judge Murphy read the information to
him in tnat* condition. He told how he
had killed Cashier Herrick on March 23,
1894, had been convicted of murder on
April 20, 1894, and on May 10 of that year
had been sentenced to be hanged. Now,
since the time of execution had expired,
he appeared to have another day set for
the execution of his sentence.
Just then Attorney Colwell rose and
waived any rights the prisoner might have
in appearing strapped, in view of any
danger there might be.
However, Judge Murphy ordered the
straps removed, Fredericks making little
objection except to struggle slightly and
to bellow his customary "Take it off.' On
being assured that the straps were re
moved the court re-read the information
and asked Colwell whether he had any
thing to say why sentence should not be
passed upon his client.
Colwell quoted the section of the Penal
Code whereby an insane person is pro
tected from trial or punishment for a
public offense and asked to be allowed to
give testimony as to Fredericks' state of
mind. \
Dr. John W. Robertson, the insanity
expert, testified that he had examined
FredericKs in the County Jail and in the
court. Beyond all question his violence
was simulated, and he realized that he was
being tried for his life. He thoroughly
understood his position and could not keep
up the simulation for long.
Dr. W. H. Mays thought Fredericks was
sane and was at that moment taking men
tal notes of the testimony. His violence
was an endeavor to make an impression
where it would do the most good. He
might keep up the simulation for months
or even years.
Dr. A. M. Gardner, Superintendent of
the Napa Insane Asylum, said Fredericks
showed no evidence of being afflicted with
any known form of insanity, including
furor, melancholia, dementia or acute
mania. His remarks were not incoherent.
Captain Sadler, chief janitor of the
County Jail, testified that he had been in
Fredericks' cell alone and had not seen
any violence. Fredericks would not look
at or converse with them, but nodded in
answer to questions.
After recess court was again crowded,
among the spectators being Captain Lees.
Fredericks was rather more difficult to
manage than before.
His Honor had observed the defendant
and thought his course was not that of a
maniac. There was no evidence creating
any doubt in the court's mind. Fredericks
had overplayed his part. If later he ex
hibited insanity the man would be pro
tected. But in the meantime this feigned
insanity should not impose on the court.
He ordered that Fredericks be executed on
June 21, 1895.
The District Attorney called to the
court's attention an amendment of the
code by the last Legislature whereby the
date of execution must be at least
sixty days after the day of setting. The
court was not certain that the change
affected a resetting of the day, but ordered
the date changed to Friday, July 26, 1895.
Frederick's attorney (Colwell) at once
excepted to the change, the first order not
having been vacated in form. Judge Mur
phy ordered the first order vacated on his
own motion, but Colwell claims that it
should have been done on the motion of
the District Attorney, and will appeal to
the Supreme Court from the order.
Fredericks, who had been unfastened to
hear the new order, was restrapped and
carried resisting to the prison van below.
WILL BUILD A TEMPLE.
The Congregation Ohabai Shalome to
Open for the New Tear,
The Congregation Ohabai Shalome has
set to wort in earnest to build its new
synagogue. After considerable delay, the
lot on the south side of Bush street, near
Laguna, has been purchased, the sum of
$11,500 being paid. The buildings now on
the lot will be pulled down, and grading
will be commenced immediately. It is
calculated that tue cornerstone will be
laid m about three weeks. The plans for
the synagogue include a special room or
hall for the use of the auxiliary, with
stage accommodation. The whole of the
interior will be illuminated by incan
descent lights, and a handsome pulpit will
be a feature. It is expected that the
temple will be finished in time for the
celebration of the Jewish new year in Sep
tember next. X
It does not appear that any baking pow
der, when presented in competition with
the Royal, either at the (Government tests
or beiore world's fair juries, has ever re
ceived favor or award over the Royal or
made an equal showing in purity, strength
or wholesomeness.
THE ILLUSTRIOUS DEAD
Remains of the Late Peter H.
Burnett Borne to the
Grave.
SERVICES AT ST. IGNATIUS.
Governor Budd Present Out of Re
spect to the Memory of the
Pioneer Executive.
The mortal remains of the first civil ex
ecutive of California were yesterday borne
to the grave with all the dignity and honors
of church and state.
Peter H. Burnett had many friends and
admirers in life. They were still loyal in
the hour of death and came in large num
bers yesterday morning to offer a tear and
a prayer in memory of the kind and ven
erable man who had journeyed to the end.
Governor Budd, with full staff in brilliant
uniform, was present to extend the respect
of the people to the memory of the man
who had stood at the head of this Govern
ment at the dawn of California statehood.
The church of whioh the deceased was a
member, with all the solemnity and
grandeur so characteristic of the Catholic
form of praying for the dead, lost none of
its beautiful and touching devotion in the
requiem services which it celebrated for
the repose of the soul of the departed..
The funeral procession left the Burnett
residence, at 1713 Larkin street, at 9:30
o'clock and proceeded by way of Van Ness
avenue to St. Ignatius Church. A long
line of the Gentlemen's Sodality of St.
Ignatius, wearing the blue and gilded re
galia of the society, proceeded the cortege.
Then came the honorary pall-bearers
(United States Senator Perkins, Judge
McKinstry, Captain James McDonald,
Dr. C. D. Cleveland, Christian Reis, Alex
ander Boyd, W. A. Piper, James R.
Kelly) in carriages.
The hearse and mourners came next
and a long line of carriages followed. At
Van Ness avenue and Hayes street, and
immediately in front of the church, im
mense crowds had gathered, while the
edifice was packed from sanctuary to en
trance. Many prominent citizens were in
attendance.
The members of the Sodality formed par
allel lines from the pavement leading up
the great stone steps to the entrance, and
the honorary pall-bearers thus passed
through the solid mass of humanity. Stal
wart men bore the casket on which rested
wreaths of white and pink roses, bunches
of sweet peas and sheaves of wheat, bound
with satin ribbons of delicate color. John
M. Burnett, the well-known son of the
illustrious dead, his wife, heavily veiled,
leaning on his arm, Superior Judge and
Mrs. Wallace, Mr. and Mrs. C. T. Ryland
of San Jose and other immediate relatives
of the family followed the casket into the
church and down the aisle to the altar raii
ing, while the soft strains of a funeral
march floated down from the organ loft.
At the altar Rev. Father Yarsi awaited
the coming of the dead. Governor Budd,
■who occupied the front pew to the left of
the aisle, with his staff about him, arose
as the procession approached, and, with
bowed head, turned to salute the casket
that held the sacred remains of an official
predecessor.
Just behind the Governor and staff were
seated the gray and aged representatives
of the Pioneer Society of California. The
honorary pall-bearers and mourners were
given seats to the right, of the aisle, and
the casket was placed on a catafalque
draped in black and mounted with gold
candelabra, holding many lighted tapers.
The altar was a Hood of light.
The solemn requiem mass followed. A
procession of acolytes, richly gowned in
purple with white lace surplices, filed into
the sanctuary followed by several digni
taries of the church and a" large number of
the clergy from different parts of the City
and Oakland. Among them were the Very
Rev. Father Prendergast and Rev. P. C.
Yorke, vicar-general and chancellor re
spectively of the archdiocese; Rev. Father
Scanlan, in charge of St. Joseph's Church ;
Rev. Father McNally of Oakland; Rev.
Father Mulligan, Rev. Father White, the
Panlist, and tt.ev. Brother Bettelin. Rev.
Father Coltelli was the celebrant of the
mass, and Rev. Father Larkin acted as
deacon and Rev. Father Prelato as sub
deacon. The choir was composed of male
voices, and the mass and solos w T ere very
effectively rendered. The entire service
was solemn and impressive throughout.
Rev. Father Cottle pronounced the
eulogy of the dead, "whom he knew and
loved in life." The tribute he paid to the
deceased was limited to his religious life
and practices. He did not go into the
judicial, gubernatorial, professional and
business career of his subject, but limited
bis remarks to his daily life and Christian
work.
"I have been requested, as having been
his former pastor, began Father Cottle,
"to say a few words of respect to the
memory of our departed friend on this
solemn occasion. I knew Peter Burnett
in his lifetime and loved him, and only
wish that some one more capable ana
worthy had been selected to pass upon
his virtues and his character. I will only,
however, direct your thoughts to his re
ligious life. It is not because of the fact
that he was an able jurist, a man of fine
literarary attainments, or that he was the
first civil Governor of the State of Cali
fornia, that we feel his loss so keenly, but
because he was primarily and principally
a saintly man. It is because of the ex
ample of his virtues and his goodness that
we feel his loss more than all else.
"Peter Burnett entered the Catholic
church in 1847 against the strong opposi
tion of his relatives and friends, and later
others of his family followed his example.
He was at all times a man of truth and
justice; at all times he recognized the ex
istence of a God- above him, a God to whom
he was responsible for his innermost
thoughts."
The speaker here took up the literary
work of the deceased and spoke in high
praise of his work. "The Path • That Led a
Protestant to the Catholic Church." He
read Dr. Brownson's criticism of the work
and how the great Catholic writer analyzed
the judicial mind of Peter Burnett and
showed how it was his clear-cut reasoning
as a lawyer, his clear conception of law,
that led him into the fold of the ancient
church. Continuing on the life of the late
Governor his eulogist said :
"His life, especially during late years,
was one of meditation and prayer. While
the one widened thn scope of his knowl
edge the other obtained for him many
additional graces. The love of God i"s
closely allied to the love of your neighbor.
So Peter Burnett was a man of many
charities. He would never himself speak
ill of another and if anything derogatory
were said in his presence of an absent one
he always took the side of the accused
and argued in his defense.
"The closing years of his life were beau
tiful. He was a daily attendant at the
holy sacrifice of the mass. He could be
seen tottering along back and forth to the
church, lost in spiritual contemplation
and prayer. One day he was stricken
down and thus the venerable old patriarch
of nearly 90 veare, fortified by the last
sacraments of the church, fell asleep in
the Lord."
Following the services at the church the
remains were conveyed by special train to
Santa Clara, when: the interment took
place.
ALONG THE WATER FRONT.
Death of Captain ot is of the Ship Ala
meda.
The ship Alameda arrived at Portland
from New York on Sunday. News was re
ceived at the Merchants' Exchange yester
day that Captain Otis had died at sea a
few days before the arrival of the vessel.
The captain had many friends on the coast
and was extremely well liked. On the
way out the Alameda was obliged to put
into Rio de Janeiro with her rudder-head
sprung.
The tug Tiger will leave in a few days
for Port Harford with another barge in
tow, to replace the one which was lost
below Point Sur. Both tug and barge will
be in command of Captain Patrick O'Neil
who has the contract for continuing* the
breakwater at the port of entry for San
Luis Obi&po.
LANDLER'S CREDITORS.
They Will Have Another Chance for
Their Money.
On May 17, 1894, J. J. Raver filed a peti
tion to have Louis Landler adjudged an
insolvent. On October 15, 1894, Judge
Levy adjudged Landler an insolvent. On
November 19 Raver procured his own ap
pointment as assignee. Pending Raver's
proceeding certain other creditors inter
vened and obtained another adjudication
against Landler.
Judge Slack yesterday set aside the
adjudication upon Raver's petition and
also set aside the appointment of Raver
as assignee, but allowed the adjudication
on the intervention to stand and will ap
point another assignee in the place of
Raver next Monday.
In concluding the opinion the court
said: "The proceedings from the begin
ning have been characterized by a great
looseness of practice and abundant error
has been establi3hed."
Raver was ordered to render his ac
counts immediately. T. Carl Spelling is
attorney for the moving creditors.
The motion involved "the important legal
question of the right of creditors to inter
vene in an insolvency proceeding, the
court fully recognizing such right.
GAVE A DIAMOND MEDAL
General J. G. Wall's Present to
the Caledonia Club of San
Francisco.
A Half-Mile Race Must Be Won
In Three Successive Years
to Get It.
The Caledonian Club of San Francisco
will to-day receive a beautiful jeweled
medal from General J. G. Wall. The
medal is to be the property of the club
until some one of its members wins the
half-mile running race at the club's an
nual reunion on three successive years.
General Wall gave a medal to the club
on similar conditions in 1885. It was not
till last year that it was finally won and
The Caledonian Club's Diamond Medal.
[Sketched from the original design.]
passed into the hands of the winner. The
medal which the club is to receive this year
will be far more beautiful and costly than
the former one. It is made of gold of vari
ous shades of color and is carefully enam
eled. The upper part of the medal consists
of the flags of the United States and of
Scotland crossed. The nagstaffs support a
cross-band bearing the word "Champion."
Immediately beneath, on fine, radiating
bars of gold, is placed a large diamond.
The lower part of the medal consists of
a wreath of thistle in green gold with blos
soms of bright gold. This incloses a
medallion in gold of light yellow on which
is enameled an athlete running and the
name of the club.
The medal is made under the direction
of George Davidson and John Reid, who
were given the charge by General Wall.
Both gentlemen are very active in club
matters and have interested themselves in
seeing that as much as possible was done
with the money at their disposal. The
medal is valued at $200.
FIEING IN THE AIR.
A Footpad Scare Occasions a Chase and
Lively Fusillade on O'Farrell
Street.
W. J. McCullum, proprietor of a restau
rant at 22 Montgomery street, was walk
ing along O'Farrell street with a young
woman at an early hour yesterday morn
ing. When crossing Powell street two
men stepped up to McCullum and asked
him to give them a dollar. McCullum re
plied that he did not have one for them,
when one of them said threateningly, "If
you don't give it to us we'll take it." The
woman screamed and the two men bolted.
McCullum and the woman took refuge
in the saloon at 234 O'Farrell street. Po
liceman McManus heard the woman's
screams and to him they told their story.
McManus went after the two men. He
saw two young men standing on the cor
ner of Lowell and O'Farrell streets. He
crossed over to them and one of them ran
away. McManus pursued him and called
upon him to stop. As he did not do so
McManus fired a snot in the air to intimi
date him, but he continued his sprinting.
Policeman Holmes joined in the pursuit
and fired three shots in the air which
brought the fugitive to a Madden halt.
"When the officers returned u> the lorner
of O'Farrell and Powell streets the other
young man was standing there. They
were both taken to the waloon where Mc-
Cullum and the woman were, and both at
once said they were the men. They were
two respectable young fellows, and Ser
geant Martin, who had arrived upon the
scene, told them to go home.
MONET NOT POBTHCOMING.
James McXean Arrested for Felony Km
bezzleinent.
Dr. James McLean, Market street, was
arrested last evening on a warrant charging
him with felony embezzlement. He was
released on giving $6000 bonds.
The complaining witness is Mrs. Susie
E. Currie, 328 Geary street. Dr. McLean
induced her to buy a share in his business
for $5000. She paid $1000 on account, and
after some time the doctor got tired of the
arrangement and agreed to pay back the
$1000. She had received $400 of the
amount, but the balance was not forth
coming, and she decided to have him ar
rested.
In baking powders it is safer to use the
Royal only, an article that many years' ex
perience has proved niost efficient, and
which has been officially demonstrated
pure and wholesome.
FOUR FOOTPADS ARRESTED
The Men Who Held Up the
Night Drug Clerk in Oak
land Recently.
HAVE VEEY BAD RECORDS.
They Are Also Suspected of Com
mitting the Robbery in Mac
intosh's Saloon.
The footpads who held up Earl Corwin,
night clerk in Garrett & Taggart's drug
store, at the junction of San Pablo avenue,
Fourteenth street and Broadway, Oakland,
at an early hour Sunday mornine, May 12,
were arrested in this City yesterday. They
are also believed to be the men who held
up John S. Macintosh, the saloon-keeper
on McAllister and Leavenworth streets last
Sunday morning.
Detective Dan Coffey, who was detailed
on the Macintosh robbery, sent word to
Chief Schaefer, Oakland, on Sunday night
that he believed the men who robbed the
drugstore were in this City and had robbed
Macintosh.
Yesterday morning Captain Wilson, De
tective Williams and Policeman Lamping
of Oakland came to this City, and, while
walking along Taylor street, they saw
Walter Ross, one of the suspected men,
with four bottles of beer under his arms.
They promptly arrested him and took him
to the City Prison. Then they procured
the assistance of Detective Anthony and
returned to Taylor street. They were not
long in finding out that four men had
rented a room on Saturday night in a
lodging-house on the west side of the street,
near Market, where Ross was evidently
going with the beer.
They went to the room, and were pleased
to find the other three men they were look
ing for. They were George Ross, a brother
of Walter, W. B. Holland, alias Harland,
and his brother, William Holland, all be
longing to Oakland. They were placed
under arrest and the room searched. In
the pockets of some clothes in a closet they
found two revolvers, a black silk handker
chief ana a black mask made out of the
lining of a coat and similar to the two
found by Macintosh on Leavenworth street.
When the men were taken to the City
Prison Macintosh was sent for. Although
satisfied that Walter Ross was the short
man, who slipped behind the counter, and
that W. B. Holland was the tall rubber
with the stick, who was the lookout, he
could not positively swear to them. Ross
perceptibly paled when he saw Macintosh.
A young man named Murphy, who saw
the four men a few minutes before the rob
bery of Macintosh, could not be found, but
he will be taken to Oakland to have a look
at them. Walter Ross is an ex-convict,
having recently been released from San
Quentin. W. B." Holland has served a term
for carrying burglars' tools, and the other
two have been convicted of petty offenses
in Oakland. Tney are a hard-looking
quartet and were taken to Oakland yester
day afternoon.
Not Sure of Himself.
General Gary tells a droll story of a
Colonel Pepperton, a high-toned, ante
bellum, hair-trigger South Carolinian of
the old regime, who lived on a great es
tate at Bluefields. The colonel went
down to Frog Level, a place much fre
quented by sports. He approached a
table where Captain Bill Sykes, the
great card sharp and terror, was dealing,
and intimated his desire to take a hand in
a little game, at the same time laying his
six-shooter down on the table in front of
him. The captain looked at the colonel,
who was known to be a dead shot, and
then remarked: "Colonel, I haven't
doled a fair game in twenty years, but un
der the circumstances, will try to do the
best I kin." — Washington Post.
In 1871 it was decided that a bankrupt
could not sit in the House of Lords.
POISONOUS
lODIDES
Prcdnce Pimples, Blotches, Red Spots
and Yarions Blemishes on the
Face and Body.
BE CAREFUL WHAT YOU TAKE.
When You Use a Blood Medicine See
That It Is a Purely Vegetable
Preparation and Don't Con-
tain lodide of Potassium.
Borne of the best prescription* prepared by
the most skillful chemists hay» been placed on
the market, widely advertised asd universally
used. Indeed, the !>est doctors are now giving
or selling their favorite prescriptions so that
the general public may share m the result of
their researches.
There are many sarsaparillas on the market,
some good, others of a very Inferior quality.
Those containing iodide of potassium ar»
among the poorer. Any ona desiring a good
blood purifier can do no better than take the
California herb remedy, which is now so well
known as Joy's Vegetable Sarsaparilla. This
remedy is made up of the juices el herbs grown
on the foothills, valleys and mountain tops of
California. It is wholly and completely a veg-
etable preparation. When you do get a blood
purifier see to it that you get no preparation
containing iodide of potassium. An iodide
preparation will soon tell on your face. Little
pimplea will come out, followed by bigger
blotches, patches of red, etc.; then you will
have a face fit to be covered up. If
you think of going away to any of the
resorts you surely don't want to carry
iodido blood blotches on your lace. Then
don't allow any one to talk you into using an
iodido preparation. If you want a remedy to
cure spring fever, the blues, constipation, liver
or kidney disorders take Joy's Vegetable Sar-
saparilla. It is the only Californian herb rem-
edy that is so widely used. Joy's Vegetable
Sarsaparilla has effected 6ome remarkable
cures. Some of the most remarkable ones were
of persons who suffered from a stomach' disor-
der. Many of these cases are inexplainable.
The doctors can't tell why the persons were
cured, but they see them cured, and that is
really the best evidence. The makers of Joy's
Vegetable Sarsaparilla receive about one hun-
dred and fifty testimonials each week. This is
evidence of the work being done by this valu-
able herb remedy.
It is known that many unscrupulous drug-
gists are endeavoring to palm off an inferior
article, telling people it Is just as good, etc
When you ask for Joy's Vegetable Sarsaparilla
see that no one talks you into taking some-
thing just as good. Take the Home Remedy,
Joy's Vegetable oarsaparilla, and you will be
cured.
SILK WJfSTS
53.50 UP.
SPECIAL SALE. LARGEST ASSORTMENT.
Comer Grant Avcuue.

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