The San Francisco call. [volume], June 25, 1895, Page 14, Image 14

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

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14
DR. MARC LEVINGSTON AND THE REFORMERS.
Exciting Finish to the
Cases Against Dr.
Dille et al.
ALL THE DEFENDANTS GO
FREE.
Wallace Bradford Charges
Openly That the Court
Was Fixed.
REEL TERRY CALLS C. W. REED
A LIAR.
Sensational Charges and Counter
charges Made and All Is Not
Over Yet.
The charge of criminal libel made by
Dr. Marc Levingston against Rev. E. R.
Dille, I. J. Truman, George T. Gaden and
D. Gilbert Dexter of the Civic Federation
JUDGE CAMPBELL. VISITS JUDGE JOACHIMSEN, AND THE POLICE OOUBT SITS PARTLY EN BANC
was dismissed yesterday afternoon by
Judge Joachimsen, after the stormiest
proceedings witnessed in a Police Court in
this City for many a day. Attorneys in
the case said the most uncomplimentary
things o; each other. The audience ap
plauded till his Honor got blue in the face,
and Ju< c Campbell, who occupied a chair
beside Judge Joachimsen, pulled his
whiskers as if they were so much taffy and
blushed for the faded reputation of his
own unique tribunal. Reel Terry will be
up for contempt this morning. .Wallace
Bradford may be yanked before his Honor
for the same offense.
It was "hot stuff," as they say in that Bo- !
hernia of which William Greer Harrison is
about to write a book. Incidentally there
were starters for several personal encoun- ;
ters and flows of language bluer than the
briny deep. . Charles Wesley Reed at one
stage of the proceedings accused Reel B.
Terry of having spirited an important
witness for the defense beyond the reach
of a subpena. Mr, Terry promptly re
sponded by calling Mr. Reed a liar. The
court was knocked speechless by the
breezy interchange and Gavin McNab so
tangled the accent in ? the patois of his
own Grampian hills with the emphasis on
theantepenults of the President's English
that he couldn't get in . a word. His de
livery was so broad - that ■ he , could . not
positively get in edgeways' -
Tnen the infection seized' the spectators.
Wallace Bradford, who is a member of the
Civic Federation, and a son-in-law of
Stewart Menzies, became greatly excited
over the fact that Judge Joachimsen had
not then and there sent Attorney Terry to
jail for contempt. He expressed his
opinion of the action in set terms in the
vicinity of several of Terry's friends, and
the discussion immediately became ani
mated. Words were running high, and
the interchange of compliments was verg
ing on the pugalistic when Porter Ashe,
another of the attorneys for Dr. Levingston,
pushed through the crowd in time enough
to catch the fag end of one of Mr. Brad
ford's remarks.
"What's that you said?" he exclaimed.
•"The Captain Makes a Great Hit."
"CAPTAIN
MARRYAT"
CIGARS
SURPASS ALL OTHERS.
"FINEST BEYOND QUESTION,"
TRY O**XTEi;
HARBURGER, HO.MAN & CO., New York,
-Makers. ' . *
11. LEVI & CO., 117-119 Mark* St.,
Distributors.
"Did you say that we had the case fixed
with the court?"
"Yes," said Bradford, "that's what I
said!" 7 7< 77.7>
Then Ashe grabbed Bradford by the coat
collar, and loudly calling, "Judge Joachim
sen! Judge Joachimsen!" forced Brad
ford up the table near which his Honor
was standing as he left the bench.
"Well, here I am— here I am," said the
Judge, testily. "What do you want now?"
"I want this man arrested for contempt
of court!" exclaimed Ashe. "He says that
we have had this case fixed with your
Honor all along. I want the stenographer
to take this down. If you treat Mr. Terry
the way you have done I want you to ar
rest this man!"
And Mr. Ashe, to emphasize the particu
lar "this man" he meant, pounded Mr.
Bradford very vigorously on the left breast
a number of times, as the crowd jumped
over chairs and railings to get as close* to
the seat of war as possible. Mr. Bradford
rather resented this vigorous indication of
his presence. His eyes flashed and his
voice trembled with anger as he called
upon Ashe to take his hands off.
"Yes, you Honor, yes!" exclaimed Brad
ford, pounding the nearest table and look
ing square under the bushy eyebrows of the
court, "I am prepared to state that I have
watched this case from the beginning and,
from the best of information and belief, I
think the case has been fixed!"
There was a hubbub for the next few
seconds, sure enough. Ashe glowered at
Bradford and Bradford glowered back.
Gavin McNab's jaws twitched nervously,
and Charles Wesley Reed got himself into
I the most favorable position to make him-
I self heard. The spectators crowded in
closer, and all eyes were glued on the
Judge. Not a soul nresent expected any
thing less than that Bradford would get
something "purple and lingering, with
j boiling oil or melted lead in it." "But he
didn't, and every soul was disappointed.
I "What do I care what you think?'' ex
j claimed his Honor, visibly affected by the
i commotion. "What do I care what" you
j think? You've got a right to think what
j you wish; that's nothing to me!",
I "I call upon the court to have that man
| committed for contempt," again said Por-
J. J. Truman Undergoes Examination
ter Ashe, but the court made a retreat to
his chambers, and the sinewy form of Ser
geant Reynolds appearing, the excited per
sonality of Mr. Braaford was removed
from the courtroom, but not before Mr.
Bradford had signified his desire to send
his card around to Mr. Ashe's voting num
ber. .
All these matters were exciting enough
in the case, but they were not all. There
were others and they spread out all over
the afternoon. They came in the way of
casual remarks from* counsel, but exploded
with all the force of bombs on an unpre
pared court and audience. Mr. Reed of
counsel for defendants was responsible for
most of them, Gavin McNab for some
others, and Reel Terry, plowed the "path
less fields of speculative thought" for some
others. "IM/Jt M i^J'"_ff"
Just one charge made by Mr. Reed was
in the nature of a hair-raiser. Broadly
and openly he stated that he had thirty
live witnesses present to prove the truth
of the charges against Dr. Levingston. and
among them several who would testify to
most unholy orgies held in the Morgue by
deputies of the complaining witness. He
was prepared to prove that it was a com
mon practice among the deputies to set
cadavers up against the walls as targets
for raw potatoes. . ■"
A perceptible shudder passed through
the courtroom at these " statements, made
in the clearest kind of English, and Mr.
Terry was on his feet in an instant.
"Do you mean to say," he shouted, "that
Dr. Levingstonfwas guilty of these prac
tices which you now charge here?"
. "No," said Mr. Reed, "but I do mean to
say that Pis deputies were, and I have the
witnesses here to prove it. .? .
"Well, then," said Terry, "all I have got
to say is that if you will make those state
ments—if you will 1 put them in writing
and send -them to the San Francisco Call
or .■ to any ■ other s paper in San Francisco,
and do not run the witnesses off to Dixon,
Solano ■ County, we will have you arrested
to-morrow. Put it in writing over your
own signature, and • don't let . them deny
their signatures ■ and : plead the baby act.
and we will ; sswearr r out warrants for their
arrest." \v» 7 ■:-"
But this matter blew over as others had
done during the afternoon. ' The court re
fused ■* to hear 'witnesses for the defense,
except in denial of the defendants having
procured the '"• publication of the I alleged
libelous article and at the end, preceding
THE SAN FRANCISCO CALL, TUESDAY, JUNE 25, 1895.
the grand finale of contempt, contention
and excitement, dismissed the cases. 7
It was a highly interesting three hours'
proceeding from beginning to end too
good for free | admission keeping • every
one present on the • gui vive for develop
ments . not to be anticipated in even the
most lurid melodrama. .-- 7 ~ ' : 77/7'
F. C. Harlan, a reporter for the Call,
was the first witness on the stand. On
direct examination by Mr. Terry he testi
fied that he had been in the office of I. J.
Truman on May 14 last and had there pro
cured a typewritten-copy of the charges
which the committee of the Civic Federa
tion had forwarded to Governor Budd in
the form of a protest against the appoint
ment of Dr. Levingston as a member of the
Board of fj Health. . The contents sof that
typewritten copy were printed in the Call
on the morning of May 15 under the cap
tion, "Hot After "Levingston.!' The wit
ness could not remember that the paper
had been furnished to himjby either of the
defendants, Dr. Eli McClish or Rev.
Thomas C. Filben. He might have taken
it from the table on which it was lying
without having asked permission of any
one. Witness was at a loss to remember
whether anything had been said to him or
not by Messrs. Truman or Gaden at the
time he came into possession of the type
written copy. . "77
During the course of the examination of
this witness Mr. Terry pressed him very
closely as to how he had come into pos
session of the paper, and asked him if he
had gained it surreptitiously. Mr. McNab
objected, and called upon the court to pro
tect the witness from the insinuations
thrown out by Mr. Terry.
"I don't want the witness intimidated,"
said Mr. McNab, "by any of these Fresno
counsel. They all have reputations
"Oh, I wouldn't get personal, if I were
you," replied Mr. Terry, sarcastically.
"Two can play at that game, if you desire
it." '7-777
It all passed with that and the witness
was allowed to stand down after a few
more important questions.
Dr. Levingston was then called to con
tinue his testimony on cross-examination,
interrupted previously by want of the
records in the Coroner's office. As the
doctor took the chair Judge Joachimsen
evinced a desire to speak.
"I will announce now," said his Honor,
"that in the cross-examination of all the
witnesses— l don't care who they are l
will not allow any questions which have
no appreciable bearing upon the charges
in the article." v ' 77 ~,w
"I show you a certificate," said Mr. Mc-
Nab, addressing the witness, "purporting
to be signed by you at the request of Lottie
Pearl Hunsaker. Do you recognize it?"
"This is my properly attested certificate
of that inquest."
- "Dr. Levingston, in the certificate to
which you have attested you say that you
got a statement that the girl had left her
mother's home' to go to Dr. Deutsch's
office, and in the testimony of Seth Oook
we are informed that the girl came from
Dr. Deutsch's office to him. Did you call
Dr. Deutsch?"
Mr. Terry objected and the record was
offered in evidence.
"Why did you not call Dr. Deutsch?"
continued Mr. McNab.
There was an--objection and Mr. McNab
jumped to his feet. 7/7 -
"One of the charges in our case," said
he, "is that this inquest was conducted to
clear Seth Cook from unpleasant investi
gation."
Mr. Terry objected to such statements
from Mr. McNab, and in support of his
objection stated that in ; the investigation
of a case the Coroner had only to ascertain
the cause of death and it was not neces
sary for him to . probe into everything to
amuse the morbid. . .;..._, ■...-;
"Your abstract of testimony shows, doc
tor." continued McNab, "that you made no
inquiry as to the reason why the girl went
to Seth Cook's rooms. Why did you not
make such an inquiry?"
"I may have asked that question and it
might still not appear in the record. I
explained that once and will do it again."
Mr. Terry objected most strenuously and
the court sustained him.
"I will change that question," said Mc-
Nab. "Your attorney, Mr. Terry, in one
of his frequent flights of eloquence stated
that the •■ reason yon did not was because
you wished to protect the reputation of
the lady."
"I am not responsible," replied the wit
ness, "for Mr. Terry's statements."
"Was this inquest held prior to or after
the ,; trial of Rose Griffin against Jonas
Bloom, in which you appeared as a wit
ness, in Sonoma County?"
Again Mr. Terry objected on the ground
of the entire irrelevancy of the question,
and the court ruled that the objection was
well : taken. Mr. Reed popped up to the
assistance of his colleague and insisted on
arguing with the court. ;
"I ask that you sit down, sir," said the
court. '- . A.
' "But, your Honor
"I have heard all I want to and have de
cided the point." , . .
"But l have here 'Townsend on Libel
and— — '" : -.-'. ' ■'■ ■ ..
"Well, you sit down," said the court, and
he looked ominously in the direction -of
the bailiff. So Mr. Reed I sat down .. and
closed "Townsend on Libel" with a bang.
"You regarded this Hunsacker case as
an important one?" asked McNab, again
turning his attention to the witness.
"Not more so than any other," was the
reply.-.' „ : :. ■;•-?".{
"ft got a good deal of attention from the
newspapers?"
"It seems so." ' 7*77
--"Did you make any inquiries as to the
characters of the jurors on that occasion?"
■ "No, sir; not particularly." 77 "
'.'Were you aware that seven of the jurors
on that inquest were not in the directory ?"
7 "No, sir. 77^':".7%7 ■■■■ .■:''>:
7 "Were you not aware that a brother of
Simmons, one of your deputies, was on
that jury?" '
"He might have been." '■"
"Were £ there ;, not * also some - persons
whom you have designated as 'lollers' .?_':'■.
,;'._ don't think so."
"Isn't it a fact that very often the same
men served on juries clear through your
administration?" . r ■ "
"They might have."
"Were you present in - court when the
names of A. S. Barney and Dr. Anthony
were called?" ■.- '■■'.':
"I don't know."
"Did you not, thereafter, send Mr. Porter
Ashe to call on Mr. Barney?".
"Yes, sir; to discover what he had to
say about me."
"I want to ask, Dr. Levingston, if you
did not receive from Mr. Barney the sum
of $600 for signing a death certificate of
•natural causes' in the instance of a female
suicide?"
< "I did not," answered the witness, be
fore his attorney could get in an objection.
Mr. Terry protested against the style of
cross-examination pursued by Mr. McNab,
and objected to fightine "men of straw."
"Were there any of the other witnesses
subpenaed here, asked McNab, "that
you sent Mr. Ashe to or to whom you went
yourself?"
"Yes," replied the doctor, "Mr. Turn
Suden," and a big laugh went up from the
audience at the recollection of the famous
fi«tic encounter between the witness and
Turn Suden. The doctor then stated that
he had also called upon Mr. Clement and
Mr. Braunhart. With a few more unim
portant questions, Dr. Levingston was
allowed to step down and the prosecution
announced that its case had closed.
The defense called John Bernard Dunn,
a shoemaker. In response to the first few
questions, witness testified that he was a
frequent visitor to the Morgue during the
time Dr. Levingston was Coroner. Just at
this point Mr. Terry objected to any
further questioning of this or any other
witness on this line.
"Our position is simply this," he said,
"that in an action for criminal libel the
defendant is not allowed before a com
mitting magistrate, to introduce any testi
mony tending to show the truth of the
matter charged against the prosecuting
witness."
Mr. Terry then went on to quote from
paragraph 9 of article 1 of the constitution,
which sets forth that the truth of the
charges upon which the action for libel are
based can only be presented to a jury.
"The only evidence the defendants can
be allowed to introduce," he continued, "is
not that the matter is true, but that they did
not publish it. In other words, evidence
tending to show that they were not respon
sible for the publication of the libel."
Judge Joachimsen stated that Mr. Ter
ry's argument seemed to be the proper one.
"If your Honor is going to rule that
wav," said Mr. Reed, "I ask the privilege,
in the interest of good government in the
City of San Francisco, to — ". '■;. '
"Oh, pshaw," said his Honor, impa
tiently, " 'good government and justice,'
what's that got to do with this; — the
law of the land controls this case. There
is paragraph 9 of article 1 of the constitu
tion of tne State. Now, if you are pre
pared to overrule the constitution of the
State I would like to hear you do it."
"I do not understand that there is any
levity in this matter," retorted Mr. Reed
in an injured tone.
"No, sir, this is not a matter for levity
with me," said the court; "it is a case of
law." '
Mr. Reed proceeded to read from "The
Statement of : the Case," holding that any
witness produced must be sworn and ex
amined. 77; 77. i
"I don't think a person has any more
right to assassinate a person's character
than he has, to assassinate his person,"
said the court.
"Neither do I," replied Mr. Reed, "but
when a person is accused of murder he
has a perfect right to prove self-defense."
| The sharp interchange of views on the
matter of the admissibility of evidence as
to the truth of the charges upon which the
libel was based passed between court and
counsel, his Honor siding at last with Mr.
Terry. The defense then withdrew. Mr.
Dunn and the Rev. Thomas C. Filben took
the stand. ' '. 7
"May it please the court," said Mr.
Reed, "we are now ready to go into our
defense showing that the articles are true.
We have no questions to ask except in the
line that these allegations are true."
"Then," said i Mr. Terry, "under the
ruling of the court we ask that these de
fendants be bound over."
The court failed to act on the suggestion
and the examination of Mr. Filben was
commenced. He testified that he was in
Mr. Truman's office the day before the
publication of the Civic Federation's com
mittee's protest against the appointment
of Dr. Levingston. ■' He had during his
visit seen Mr. Harlan in the office, and had
seen the latter with a type-written copy of
that protest in his hand. Witness denied
positively that he had given it to Harlan,
and was certain he had not seen any one
else do it. Mr. Truman and several of his
Rev. Thomas C. I'ilben on the Wit
ness-Stand. .
clerks were in the office at the time the
witness was in the office with Harlan.
"Didn't you take that paper to the Ex
aminer to have it published ?" asked Mr.
Terry. ■•" '.7:7"*7'
"I decline to answer," said the witness.
"Don't you know t as a matter of fact that
Mr. Harlan took a 'type-written copy of it
to the Call and you took one to the Ex
aminer?" " ■-: "-v. ','-.' "-'.•
There was an objection and Mr. Terry
continued : „:. „.-:>
"Now; Mr. Filben." he said, "don't you
know that you took this paper, the I type
written copy, around to the office of the
San Francisco ' Examiner on Mission
street, or to the business office, and that
you didn't, take it to the Call because you
knew that Mr. Harlan, had already per
formed that office?"
Mr. McNab got in again with an objec
tion, and Terry decided to push the matter
no further.
■7 I. J. Truman, Rev. E. R. Dille, D. Gil
bert Dexter and ! George T. Gaden, the de
fendants, were then placed on the stand in
the order named ; and, in answer to ques
tions, denied * positively 7 that they r had
given a copy of the protest to 'Mr. Harlan
or to any one 5a , tyDe-written^copy : of the
protest to. the Governor. They all- ad
mitted having signed > the original which
had found its way to .the: Governor. r Mr.
Terry attempted : to go into the 1 personal
history ■of Mr; Gaden, and y was met by
strenuous objections; from the defense.
7 "I have a right to know who the witness
is, '. said Mr. Terry, "what he is doing,
where he is from and bow long he has been
here and who qualified him to purify the
politics of San Francisco." y 7 -
_ Then Mr. McNab volunteered the in
formation that * 'I saw proper to show that
Dr. Levingston i was worse than anything
could be said about him." Terry and
McNab ' had a % sprightly ; battle of words
until Judge Joachimsen was compelled to
interpose. —v.. .7
7 "Now. gentlemen," he said, "you have
got to behave yourselves. " ;>->.. 7;777- '
_ And they did— for a few minutes— until
John Bernard ■; Dunn was recalled ' to the
stand. Tcrrj immediately interposed the
same objection as before and the court sus
tained him. ■ - ",-.} i . "7, . "-7
"We cannot proceed, your Honor," said
Mr. Reed, "unless we are allowed to put in :
our defense in our own way. We can show
by this witness and at least one other, that
dead bodies were set up as targets at which
potatoes were thrown."
"My answer to that," said Mr. Terry,
visibly excited, as the spectators crowded
closer in to hear his reply, "put that, Mr.
Reed, in the San Francisco Call or any
other newspaper in San Francisco, do not
run the witnesses off to Dixon, Solana
County, admit that you put it in, and to
morrow we will swear out warrants for
your arrest."
"I can hardly see the necessity for this
argument, gentlemen. The defendants
have all denied that they procured the
publication of this article, and there hardly
remains anything to do but dismiss the
cases." 7 .
"I don't ask for a dismissal," exclaimed
Reed. "I want to introduce these wit-
nesses— we have thirty-five of them— to
prove that these charges are true. And I
want to say right here that I desire to get
out a warrant for the arrest of A. S. Barney
and show that he paid Dr. Levingston
$600."
There was a noticeable stir in the court
room at this, but it was as nothing to the
excitement of the next moment. Turning
to Terry, in the next breath, Reed con
tinued: ...
"And you went to see him . and got him
out of the way."
"If you say I went to see him," said
Terry, springing to his feet, his figure
shaking with rage, "you lie!" t
Everything ' was in an uproar. Specta
tors got up on their seats, the bailiff and
Sergeant Duncan got closer to the at
torneys, and several policemen, who were
in the hall, rushed in.
"I'll say it outside, too," exclaimed
Terry as soon as his voice could be heard.
"I do not want any fights," said Reed.
"Gentlemen! Gentlemen!" said the
court, "you seem to forget where you are.
You seem to think you are in a saloon. Mr.
Terry."
Then Mr. Reed explained that he had
not meant Mr. Terry, but Dr. Livingston.
Then Mr. Terry apologized, concluding
with an off-hand wave of the hand which
did not please his honor.
"Your apology, Mr. Terry," said the
Judge, "is worse, if anything, than the of
fense."
Then Mr. Terry said it was within the
province of the court to fine him $100 or
send him to jail for twenty-four hours, or
to do both, and there it was.
"If the court fines me," said Terry sotto
voce. "I'll have to go to jail sure. Where'd
I get a hundred."
"You will appear in court to-morrow
morning at 10 o'clock to answer for con
tempt," concluded his Honor. "I shall
now dismiss the defendants."
I Two minutes after and before the Judge
could reach his chambers, the exciting en
counter between Ashe and Bradford oc
curred, and when the court did make his
escape it was with an aching head. Later
he announced that he would consult with
Prosecuting Attorney Dare as to ways of
reaching Mr. Bradford for his statement.
Both sides claim a substantial victory in
the case— the defendants, because they
were dismissed, and Dr. . Levingston be
cause he says they dodged the issue.
HER MANSION BESIEGED
Mrs. Isabella Martin's Formid-
able Defenses Against
the Enemy.
She Puts the Picket Line to Flight
by Executing Strategic
Maneuvers,
Mrs. Isabella Martin's house on Van Ness
avenue is in & state of siege.
Across the main entrance.or what would
be termed in military literature the sally
port, a powerful chain is spread and when
the outer sentinel is summoned by the
electric bell the visitor is carefully in
spected before the chain is dropped and he
is admitted. In other respects a certain
sort of garrison discipline is maintained by
the chatelaine. , On the northern bastion,
or wing of the building, a guard is posted,
and from the ramparts outside Mrs. ToDin's
boudoir all approaches of the enemy from
either north or south of the avenue, or the
streets adjacent that lead into it, may be
observed.
'.'I . have found the absolute necessity of
those precautions," said Mrs. Martin, "for
there are two detectives in the employ of
the men threatened in mv suit hied by
Attorney Bates last week who are con
stantly watching this neighborhood. They
parade before the house, they linger around
the corners, and they make notes of any
body who enters or leaves my house. A
man in gray clothes with a derby hat is
the most objectionable. : He is always on
the picket line. The reserves, I think, fall
back on the corner grocery on Polk street,
but are always kept within call, 7 77
"On Saturday I accosted the man in
gray. 'What are you dome peering about
my house?' I politely asked him.
" 'I am a resident of this neighborhood,
madam,' he said, 'and if you speak to me
any more I will knock you down.'
"I called to a policeman who was stand
ing on the corner, and put my hand under
a cape I held on my arm. The brave de
tective ran like a deer. Possioly he
imagined 1 was about to take a shot at
him, and felt that he deserved it, but such
was not the case. I know my enemies
would like to force me into the commission
of an overt act, but I can keep my temper.
"Do you know I am an excellent pistol
shot?" continued Mrs. Martin. "When 1
lived in Weaverville I used to practice
every day. " I could hit a man across the
street— well, eight times out of ten, but
then I am of a good-natured disposition,
and would much rather practice on an in
animate target."
The prosecution of Mrs. Martin's civil
suit against E. B. Pond and Arthur Rogers
will be begun after the legal vacation. The
defendants, have not filed as yet their
answer to her complaint.
Cycling Club Election.
r At a meeting of the Boulevard Cycling Club
held last' night, the following • officers were
elected: President, M. I. Gordan; vice-presi
dent, M. M. Ratigan; secretary, John J. Mul
creavy ; financial secretary, J. M. J. Handley;
treasurer, M. J. O'Connor: captain, J. W.
Crowe; lieutenant, W. 8. Nolan. ?•«• > -..••<
The club by unanimous vote indorsed the ef
forts of the. South Side Improvement Club to
have Folsom street paved with bituminous
rock. ' .
A ' Fain y. Jar.
GREAT AMERICAN IMPORTING TEA CO.'S
■ Stores are selling
MASON ' FRUIT JARS
I . . '7 At greatly reduced prices.
1 dozen Jars, pints, in box ....50c
1 dozen jure, quarts, in b0x. ................' 60c
1 dozen Jars, half gallons, 1nb0x...... ......80c
Inspect our Improved Jelly Glasses, 35c per doz. ;
Ice Cream and Berry Sets of 7 pieces, 25c, 85c and
60c per set. f Our prices for Teas . and Coffees the
lowest. Buying directly from us - saves middle
men's and peddler's profits. .7
A Lecture on "Ben Hur."
Professor J.; W. Fairbanks will deliver an
Illustrated stereopticon : lecture <] on General
Wallace's "Ben Hur" at the First Congrega
tional Church this evening. 7 Over a hundred
beautiful pictures sof - the . most interesting
scenes In this popular novel will be thrown on
the canvas. ■-.'■■'..■•
There is an article on the market seldom
equaled and never excelled— Jesse Moore Whis
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A Benefit Concert.
' .The farewell benefit tendered to Miss Georgia
Roubien will take place to-morrow evening at
the Bush-street Theater. She is known as Cali
fornia's favorite composer and character spe
cialist. ; She will be assisted by a company, of
llrst-class artists in a grand concert and vaude
ville entertainment. ■
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Binding dep't. MjreeU & Rollins, 521 Clay si. * .
COLIMA INQUIRY CLOSED
I End of the Investigation Into
j7; the Foundering of the
Steamer.
SAILOR AIKMAN WAS ABSENT.
: ' : 7: : :-7
The Report of the Inspectors Will
Have No Bearing on the
Responsibility.
The investigation into the loss of the
Pacific Mail steamer Colima was closed
yesterday by ■ Inspectors Talbot and
Phillips, and in a few days the report of
the latter will be made to Supervising In
spector Bermingham. There were j no
witnesses examined yesterday for the
reason that none put in an appearance.
The inspectors, United States Court Re
porter Clement Bennett and Ward Mc-
Allister, the latter representing the inter
ests of the Pacific Mail Company, were on
hand, and the inquiry was kept open until
2 o'clock, at which hour it was declared
officially closed. The only man who ap
peared before the inspectors on Saturday
morning was I. E. Thayer, inspector for
Bureau Veritas, who testified to the con
dition of the lost vessel when she was last
in port.
Captain Talbot, inspector of boilers, con
ducted the examination, and Thayer, being
duly sworn, said that he was a marine
surveyor, especially for Bureau Veritas.
His examination was as follows:
Was the Colima classed in Bureau Veritas?
Yes.
What class?
First division, 3-3, L, 1—1 ; the highest class
given to steamships.
Did you superintend the overhauling of the
Colima in 1887?
Yes. i- -;:.« „
State what those repairs or overhauling con
sisted of.
Primarily the ship was to have new boilers,
and when the old boilers were removed the
general repairs were made. Most of the floor
plates and reserve frames in the boiler space
and. the main and boiler keelsons and the
bilge stringers were renewed. Bottom plates
of the bulkheads to the bunkers were removed
and made good. The inside of the ship was
scalded and cleaned throughout. The cement
was examined and repaired where needed.
Everything at all defective was made good.
The topsides were cleaned to bare iron and
were repainted. There were put in one new
steam windlass, new steam steering gear, tour
new boilers. One cylinder of the engine was
taken out and rebored. The engines were all
taken apart and refitted. A new propeller
shaft and propeller were put in. At that date
she had eight good iron boats, one warden
boat and two rafts.
State in regard to the cement in the bottom
of the ship?
In the bottom of the ship and to the upper
turn of the bilge the skin of the ship is not to
be seen on the inside, as it is coated with
cement from one to three inches in thickness:
but by testing that cement we know if it ad
heres to the iron that the iron is good under
neath.
How late did you see that snip in the dry
dock?
May 14 last.
In what condition did you find her bottom?
I found it in first-class condition. I wish to
state that the last complete examination of the
ship I made was in 1892. In that year she
touched bottom and a new plate was put in. I
examined the ship throughout, hull, engines
and boilers, and found her in complete good
order and gave her the certificate she held
when she was lost— the same class I gave her
in 1887.
State the condition in which the Pacific
Mail Steamship Company keeps its vessels.
I am familiar with nearly all the Pacific
Mail ships. The company keeps them In gen
eral good order and is always ready to meet
any requirements I ask.
At the last examination of the Colima, were
the boats stowed properly for use?
She had the same outfit of boats as at the
first examination. Those boats were stowed
in a manner which it is best that boats should
be stowed as determined by sea service, right
side up in chocks, secured by gripes either
with a lanyard or a triphook and canvas cover
ing to keep them clean and not permit them
being lumbered. In addition to their thorough
examination made in my official capacity I am
at frequent intervals aboard these ships and
am familiar with their general keeping, which
is good. -
The report of the steamship inspectors
from all accounts will have but little bear
ing on the causes which led to the loss of
the Colima and her precious cargo of
human freight. It is not in the province
of Inspectors Talbot and Phillips to cen
sure or exonerate the Pacific Mail Com
pany. Their business is with the licensed
officers of the ill-starred steamer, and as
Third Mate Hansen is the only officer who
was saved from the wreck he is the only
man upon whose actions an opinion can
be expressed. Had Captain Taylor been
saved by a miracle his license would have
been revoked, according to the evidence
adduced. This would have afforded little
consolation to the mourners, but it would
have been a good basis on which to begin
a suit for damages against the Pacific Mail
Company. As the case now stands the
findings of the inspectors will cut no
figure, one way or the other, when the
matter comes up in ' the United States
courts. •
The testimony of the three ' sailors who
arrived on the City of Sydney on Saturday
was not taken.
KING SOLOMON'S LODGE
Its Fifteenth Anniversary Re
ception and Banquet to
the Ladies.
Brother Gunzendorfer Gave the
Welcome, and George .Bromley
Made Them Laugh.
At 8 o'clock they began to gather—
members of King , Solomon's Lodge and
their ladies— because it was St. John's
Day, and for another reason,- because it
was the occasion of the fifteenth anni
versary reception and banquet of King
Solomon's Lodee No. 260. F. and A. M., to
"our ladies." It. was the ladies' fair, and
in the language printed upon the neat and
quaint trowel-shaped souvenir and menu
card: "King Solomon's Lodge doth greet
its ladies and doth bid them thrice wel
come to its festal board. For them it hath
laid away accustomed labors and hath
spread a feast where words of wit and
wisdom rare, soft melodies and sprightly
songs shall of good things digestion aid,
and of them all, when it hath done, may
they some kindly memory bear."
And though at 8 o'clock they gathered—
it was at the California Hotel— it was
more than 9 o'clock before the 200 guests
were seated at the "festal board." For
there were words of cheer and greeting to
exchange in the parlor above the banquet
hall before the fea3t began.
Fair ladies, : handsomely dressed, and
gallant gentlemen 7in evening attire
thronged the spacious, parlors and ex
changed kindly courtesies for full 7an
hour before the march to supper. And the
gentlemen whose duty it was— a duty
pleasingly and graciously performed— to
disarm formality and to promote good
fellowship among all the guests are nomi
nated in the list of names which follows—
the names of those that composed the re
ception committee: '
John I. Sabln, Gaston E. Bacon, J. C. B. Heb
bard, Eugene F. Loud, H. T. Creswell, M. Re-"
gensberger, H. A. Ranft, Edwin Danforth, Mar
tin Holje, J. P. Dunne, A. 8. Grant, A. J. Metz
lar, W. C. Wise, G. I. Drnckcr, D. H. Recarte, C.
L. P. Marias. J. W. Stevens. .- • v
And when the guests were finally seated
before the groaning tables there were pleas
ant orchestral ; selections which had been
arranged under the direction of Brother
George E. Bennett, to mar the tedium of '
the opening courses and make stilted con
verse unnecessary. And so they wined
and dined, and when the speech came it
was spontaneous, therefore bright and
witty. There was variety enough on the
menu— also poetry, for before the unities
were mentioned came this verse of Bobby
Burns: 7v..7 ; >-' v
Some hae meat, and canna eat,
And some wad eat that want It;
But we hae meat, and we can eat,
And sac the Lord be thankit. ■
' "--■■' Blue Points.
Yin Sauterne.
Consomme en Tasse.
Hors d'CEuvres, varies.
Chicken Mayonnaise
.7 _ Shrimp Salad.
V in Claret.
Turkey a la Gelee.
Prime Beef, au Cresson.
Westphalia Ham.
Tongue a la Kscuilatte.
Glace.
Aeapolitalne. Tuttl Fruttl.
Gateaux Assortis.
Fruit.
• -Coffee.
And when the inner man was fairly fed
then began the talk. 'Twas thought that
Brother G. Gunzendorfer's address of wel
come held much good feeling and was
couched in glowing words and periods of
eloquence. 'Twas thought, too— much
as one can-think and burst with laughter
that Brother Bromley's telling of how he
rode the goat was more surpassing in true
humor than in fact— a thought that has
been thought before." And so they cheered
and laughed, and the things. that brought
them to it are best told by the "mental
j menu" which herein follows:
"Welcome," Brother GlGunzendorfer; grace,
Rev. Brother George K. Walk; selection, or
chestra; "King Solomon's Lodge," Brother A.
F. Knoro; vocal solo, selected, Mrs. Minna
Powell; "Teachings of Masonry," Brother
Robert Ferral; quartet, "Annie Laurie"
(Buck); "Our Masonic Ladies," Brother En
gene N. Deuprey; violin solo, "Cavatina"
(Bohm), Brother A. H. Kayton; "Religious As
pect of Masonry," Rev. Brother George E.
Walk; tenor solo, "For All Eternity" (Mascfler
oni), Brother Alfred Wiikie; violin obligato by
Brother A. H. Kayton; quartet, "Our Merry
Company"; "How I Rode the Goat," Brother
George T. Bromley; cornet solo, "Call Me Thine
Own" (Halevy), Brother George K. Bennett,
violin obligato by Brother A. H. Kayton; duet,
"Love and War," Brothers Wiikie and Mcßain;
"Our Patron Saint, John the Baptist," Rev.
Brother E. B. Church; quartet, "Mrs. Wins
low"; "Practical and Idealistic Masonry," Rev.
Brother W. E. Smith; quartet, "Aula Lang
Syne." ;'"-• -•
It was, in all, a glad and joyful time, and
the men who planned it all and carried it
forth to so successful an issue were well
repaid therefor by the appreciation of their
guests. Though King Solomon's Lodge is
the youngest Masonic lodge in the City, it
enjoys the honor of being distinctive in
the earnestness of its good work in the
craft, its numerical strength and its sound
finances; likewise in the long line of hon
ored names that are and have been on its
roll since its birth, fifteen years ago yester
day. :
Royal Baking Powder is well known to
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and all impurity. Do you feel quite sure
about any other brand"? Alum powders
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no chances.
LEVINGSTON`S LETTERS
He Wants a Special Adminis
tratorship in the Fair
Estate.
Allegations of Irregularity In the
Appointment of the In-
I cumbents.
Dr. Marc Levingston has given notice to
the attorneys in the Fair estate that on
August 5 he will move for an order of court
setting aside and annulling the previous
order made January 2, 1895, appointing
James S. Angus, Louis C. Bresse, W. S.
Goodfellow and Thomas G. Crothers spe
cial administrators for the estate.
He will also move for a revocation of the
special letters and for the appointment of
himself in the place of the deposed admin
istrators. .•■:"• 7,1.
The motions will be made on the ground
that the order appointing the present spe
cial administrators was improperly and
providently done; that it was made and
entered without any notice being given to
Levingston or to any of the heirs, and that
the order was "so made, given and entered
by and through the mistake, inadvertence,
surprise and excusable neglect of the said
Marc Levingston, and of the executors
named in the last will of said deceased,
and one of the persons entitled to prefer
ence in the matter of the appointment of
special administrators of said estate."
The motion to remove will be made on
the further ground that the special admin
istrators have not properly qualified for
their positions, and that no sufficient un
dertaking has been filed by them.
In his petition for special letters, Leving
ston recites the facts of the appointment
of Angus, Bresse, Goodfellow and Croth
ers, of the filing of the pencil will and of
the appointment in it of himself, Angus
and Crothers as executors.
Since the filing of this will, he claims,
he has been using every endeavor to bring
it to probate, but because of delays and
continuances and the complications aris
ing from the incomplete condition of the
records he believes it will not be finally
ended for at least six months, and that
there will be great delay in granting let
ters testamentary to the executors.
The petition further sets forth that Lev
ingston is competent, and is entitled to be
named an executor and administrator,
and that he has never waived any of his
rights in the matter. On the contrary he
again announces that he will accept the
trust reposed in him under the last will.
He believes that the best interests of the
estate demand a revocation of the present
letters and a discharge of the present
special administrators.
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