The San Francisco call. [volume], August 03, 1895, Page 14, Image 14

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

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14
PAWNED A RING LIKE BLANCHE LAMONT'S.
- . *_ . - . _-»
Charles Lenahan Sum
moned as a Witness
for Durrant.
HE UNFOLDS HIS STORY.
Counsel for the Defense Hope
to Shake Oppenheim's
Testimony.
LOCATING OTHER WITNESSES.
Detective Teague of Oakland Claims
to Have Discovered Important
Ones.
THE DURRANT CASE IN A MINUTE— MCRE
IMPORTANT WITNESSES.
Another witness has stepped forward for
William Henry Theodore Durrant— impor
tant one at thai. His name is Charles T. Lena
han, of 407 Fell street, and he states flatly that
himself and not Theodore Durrani is the per
son who offered to pawn a chip diamond ring
to Pawnbroker Oppenheim. He has been sub
penaed to testify at the trial by counsel for the
defense, to whom he has stated what he knows
CHARLES T. LENAHAN.
concerning that particular transaction. In an
interview in The Call this morning he tells
the story which he will repeat on the witness
stand. It will be called iorth in an effort to
shake the testimony of Pawnbroker Oppen
heim given in the preliminary hearing.
If this is an important discovery for Durrant,
another, more important even, is claimed to
have been made for the prosecution by De
tective Teague of Oakland. He claims to have
located three young women who made thrilling
escapes from Durrant in Emmanuel Baptist
Church.
Collaterally to the main case interest in the
matter of the contempt of Manager Dailey and
his players is increased from the fact that the
attorneys for the players have filed a petition
with the Superior Court for a writ of certiorari
and an order prohibiting Judge Murphy from
interfering with the production of "The Crime
of the Century."
Charles T. Lenahan is the newest witness
for Durrant. At the trial he will testify
for the defense to the effect that he, and
not Durrant, offered a chip diamond ring,
resembling one of Blanche Lamont's, to
Pawnbroker Oppenheim. He has been
served with a subpena by the defense, and
will appear in court on the 15th inst.
The new witness is a son of ex-State
Senator Lenahan, and resides with his
parents at 407 Fell street. In physique he
answers the description of Durrant very
well, being of medium height and dark
complexion. Facially there is no resem
blance. Ordinarily, too, he wears a Fe-
Dora slouch hat and an overcoat of blue
cloth. His story is supposed to be of the
utmost importance to the young medical
student now on trial for his life.
"I am convinced," he said last night,
"that 1 am the man whom Oppenheim
mistook for Durrant. I offered to pawn to
him a diamond ring precisely like that
owned by Miss Lamont. He did not want
it, and I pawned it at another place.
"It happened this way; I was running
with Harry Mahoney, who is two or three
years younger than I, and we wanted to
go to the races. Harry had a ring which
he wanted to pawn to get the necessary
money, but he was afraid that the pawn
broker would not accept the ring from
him because of his youthful appearance.
So I pawned it for him.
"I offered it to Oppenheim. He was
standing on the sidewalk and walked back
into the store with me. I know the place.
It is on Dupont sstreett t between Pine and
Bush, I think — anyway it is right next to a
shooting-gallery. No, I have not been
back to see tbe place. I know wLat lam
talking about.
"Oppenheim did not want the ring and
I finally pawned it at the North End Loan
Office, on Washington street, between
Montgomery and Sansome. I got $2 for it.
"It was on a Saturday, and I think it
was in the afternoon. How do I locate the
date ? I know that is the date and besides
the pawnbroker's books will show it.
"We did not go to the races that day
after all. We went on Monday."
An attempt was made to see Harry
Mahoney, who lives with his father, Con
tractor Jeremiah Mahoney, at 540 Page
street. A glimpse of the lad was permitted,
but his fatuer insisted on discussing the
matter.
"This is purely a family matter," he
said, "and can be of no interest to the
public. All there is to it is this: The boy
had a ring belonging to his sister and he
pawned it. It was a chip diamond. The
coy has no connection with the Durrant
case, and we want no notoriety in this
matter." i"
The ring in question compares, young
Lenahan says, closely with the pictures of
that owned by Miss Lamont. The dia
mond chip is deeply placed in the gold set
ting and engraved "rays" surround the
aperture.
Young Lenahan first realized the im
portance of his story after Oppenheim had
testified at the preliminary examination.
At that time the young man wrote a letter
over his initials, which was published by
the Examiner. The letter showed the pos
sibility that Oppenheim was mistaken, and
stated that the writer had offered to pawn
a ring like the one identified about the
time mentioned. Mr. Deuprey noticed the
letter, and, after considerable hard work,
the detectives found its writer.
Meanwhile, Lenahan says, he had told
his story to the police, but they made no
•use of it. When, however, they learned
.hat the young man had been summoned
'•v the defense Detective Seymour visited
the house and secured the ring. Young
Lenahan regrets that he allowed it out of
his possession, but has upon it a curious
mark by which it can be identified.
• That is the story of the new witness, and
by it the defense hopes to shake the testi
mony of Pawnbroker Oppenheim, who is
uncertain as to the date upon which the
man he claims was Durrant offered to
pawn a ring to him, and who is somewhat
nearsighted as well.
But while the defense has secured this
witness it is not so certain that the prose
cution has not made a more stupendous
find. . For two weeks Detective Teagtie has
been engaged in looking up young women
suspected of having had trying experi
ences with the accused murderer of Blanche
Lamont and Minnie Williams in Emman
uel Baptist Church.
As a" result of his search for all these
days he has made discoveries which be
claims are important.
"I don't know anything about this mys
terious woman the San Francisco police
claim to be looking for," said Detective
Teague yesterday afternoon, "but I do
know there are three others who have been
in the church with Durrant and had * to
make hasty exits on account of his con
duct. If they will testify to what I have
heard they have said a very strong case
will be made out. I have located these
girls, too."
When asked for their names, he said:
"Of course, I cannot give you their
names; that would be in open violation of
all the canons of our profession. I am
working with Captain Lees in the matter
and my information belongs to him. It
would be tipping his hand to the other
side for me to give you any names. Suffice
to say I have located three young women
who claim to have been taken into the
church by Durrant and compelled to leave
the edifice on account of his improper con
duct. More I cannot tell you."* ;? • .
Counsel for the defense state that no
letter from Witness Clark has been re
ceived by them. They give no credence to
the various reports published about him,
and express the opinion that such at
tempted tearing to pieces of witnesses
tends to defeat the ends of justice, in that
no one expecting such treatment would
willingly become a witness in the case.
Another sensational tale was exploded
yesterday. It was to the effect that some
woman had been a guest at the Durrant
home on the night of the murder of Min
nie Williams and that she would testify
that Durrant, after returning home, burned
some clothing. Mrs. Durrant stated yes
terday afternoon that upon the night of
the murder only the usual members of the
Durrant household were beneath her roof.
Mr. Durrant also informed Eugene Deu
prey that for two years he had not had a
guest who passed a night in his house.
THE DAILEY CONTEMPT.
Alcazar Players Ask for a Writ of
Certiorari. ,
Manager Dailey of the Alcazar has ap
plied to the Supreme Court for relief from
the order of Judge Murphy of the Superior
Court with reference to the production of
"The Crime of the Century." Through his
attorneys, Carroll Cook and T. V. Eddy,
he filed a petition yesterday asking for a
writ of certiorari and a writ of prohibition,
which proceeding, for the time being, at
least, will stay the hearing of the con
tempt case before Judge Murphy.
Manager Dailey, Playwright White, the
Alcazar players and their attorneys will
not fail, however, to be present in Depart
ment 3of the Superior Court this morn
ing. The cases against them will be called
at 10 o'clock, and, as no order has issued
from the Supreme Court on their petition,
a failure to appear might result unpleas
antly. The contempt proceedings, how
ever, will probably not go on to-day. Car
roll Cook stated last night that he would
inform Judge Murphy of the filing of the
petition in the Supreme Court, and" ask for
a continuance until such a time as that
matter might, be determined. The con
tinuance will, undoubtedly, be granted on
this representation.
From the petition filed it appears:
That R. C. White is the owner of a play en
titled "The Crime of a Century," and that _.
K. Dailey has the right, given to him by White,
to produce that play, and that the other peti
tioners are employes of Dailey; that the play
is copyrighted and the properly therein pro
tected by the laws of the United States, and
that the same is property and 4 lie right to play
it is property.
That without any process of law whereby
either of said petitioners was brought within
the jurisdiction of the court whose acts are
complained of, and without their ever having
been allowed their day in court, in their ab
sence and upon*n ex-parte motion, in a cause
in which they _R;re neither parties, witnesses,
officers of the court nor in any way connected
with or Interested in the proceedings, the
Judge of the Superior Court made the orderset
forth in the petition, which order interfered
with and deprived petitioners of their said
property without due process of law, in viola
tion of the provisions of the constitution of the
State of California, and of the use and enjoy
ment of the same. ____..-.:.
That the said order was an attempt upon the
part of said Superior Court and the Judge
thereof to interfere with the rights of peti
tioners guaranteed to them by article I, sec
tion 9, of the constitution of the State of Cali
fornia, which provides that "every citizen
may freely speak, write and publish his senti
ments on all subjects, being responsible for
the abuse of that right; and no law shall be
passed to restrain or abridge the liberty of
speech or of the press."
With the petition and in support of it
counsel for Mr. Dailey submitted a memo
randum of points, made and authorities
upon which they base their claim to the
writs asked. It concludes :
Petitioners would suggest that, even though
the court might have power in a given case to
make an order in advance restricting the right
of free speech and interfering with the rights
of property without making the owner of such
property a party in a legal proceeding, the
affidavit set forth in the petition herein and
upon which the order complained of was
based does not show a case which would justify
the making of any such order or f give to the
court jurisdiction to make the same.
It nowhere appears by said affidavit that the
court is ridiculed or Interfered with, or that
any officer of the court, witness or juror is, has
been or could be interfered with. Nor does it
appear that there is anything in the play or
drama complained of that could in any way
THE SAN FRANCISCO CALL, SATURDAY, AUGUST __, 1895.
influence or affect the public opinion or the
opinion of any juror, or that any juror, would
or could be influenced thereby. Neither does
it appear that there is anything in - said play
derogatory to the said court or to the proceed"
ings therein, the witnesses in said cause or the
parties to said action; that any of the wit
nesses or parties in said action are even men
tioned in said play, or that the scene thereof
is laid in the place where said alleged crime
occurred or at the place where the same oc
curred, or that the crime for which the pris
oner is upon trial is in any place or part of said
play mentioned or alluded to.
It is expected that the . Supreme Court
will take action upon the petition at an
early date. __^ '
MRS. BECKER'S COMPENSATE
She Wants to Be Paid for Taking Care
of Mrs. Seeley.
Mrs. A. C. Seeley, who hanged herself in
a room of the Manchester House, 1006 Mis
sion street, left considerable money behind
her and not a relative to claim it. She
had cash in the German Savings Bank and
also in the Hibernia Savins and Loan
Society. When the Public Administrator
searched her room $198 was found secreted
in the sewing machine and bureau.
When Mrs. Becker, the landlady of the
house, learned that the deceased's estate
was solvent she at once put in a claim for
$30 for board and lodgings and $70 for ex
tras. The latter included the attention
and services rendered Mrs. Seeley while
she was sick. Public Administrator Freese
thinks Mrs. Becker is entitled to the
money, and, if no heirs are forthcoming,
he will pay her demand.
TO STOP POOL-SELLING
Chief Crowley Gives an Em
phatic Order to the New
Captains.
Police Measures to Stamp Out a
Flagrant and Brazen Form of
Gambling.
Following the advice given by The Call
and acting upon the recent exposures of
the illegal pool-selling in this city, the
Police Department has now inaugurated
what it is to be hoped will result in a most
vigorous and effective warfare upon a most
flagrant and brazen gambling evil.
Chief Crowley received the following
communication from the City and County
Attorney yesterday. For the time being,
at least, it settles the question whether the
pool-selling ordinance shall be amended,
and upholds the position originally taken
by The — that the ordinance in ques
tion is plain spoken and comprehensive
enough to prohibit all pool-selling on horse
racing except at the racettack. Mr. Cres-
well says:
Pan Francisco, August 2, 1895.
P. Crowley Esq.. Chief of Police, San Francuco —
My Dear Sir: I have finished a consultation
with Hon. J. T. Dare on the subject-matter of
your communication of July 18, 1895. We
have carefully examined order No. 2301 of the
Board of Supervisors, prohibiting pool-selling,
etc., on a hyrserace outside of the inclosure of
a racetrack in the City and County of San
Francisco, approved March 23, 1891. Mr.
Dare is of the opinion that the said
order could not be made more complete;
that it prohibits every species of gambling on
a horserace in this City outside of the in
closure ot a racetrack, My examination of the
ordinance convinces me that he is correct.
Yours truly, Harry T. Creswell,
City and County Attorney.
Upon the receipt of this communication
Chief Crowley issued the following orders
to the three police captains in whose
bailiwicks the pool-selling rooms are run
ning wide open :
To Captains Wittman, Spillane and Dunlevy:
Your attention is called to order 2361 of the
Board of Supervisors prohibiting pool-selling,
etc., on a horserace outside the inclosure of a
racetrack in the City and County of San Fran
cisco and the manner in which it is being
violated.
The parties conducting the poolrooms
claim that they are only agents and that any
money received by them is sent to the track,
there to be placed on certain horses, and
hence they are not violators of the order.
I have the written opinion of the Attorney
and Counselor for this City and County (copy
Inclosed) that said order could not be made
more complete; that it prohibits every species
of gambling on a horserace in this City and
County outside of the inclosure of a racetrack.
The Chief of Police directs that you
take such measures as will put a stop to
this form of gambling and report iv
writing to this oflice the action taken on
this order.
H. 8. Healey, Clerk.
"The Call suggests this morning that
the reorganized Police Department now
take hold of the pool-selling nuisance and
suppress it," said Chief Crowley yesterday.
"I think that was a good suggestion, arid
in accordance with it I have had this order
issued to the captains.
"I believe that if the cases are prose
cuted vigorously we shall be able to stop
this illegal gambling. We are going at it
in dead earnest. There has been an un
certainty about the law heretofore. The
pool-sellers claimed it was inadequate to
stop their business, and a number of cases
were dismissed. Now we will go in again
and stop the nuisance altogether."
TIRED OF LIVING.
Katie Morrison Took a Dose of Mor
phine in a, Bush-Street
House.
A young woman named Katie Morrison
was taken to the Receiving Hospital yes
terday morning from a house at 520 Bush
street, suffering from the effects of a dose
of morphine, which .she undoubtedly took
with the intention of committing suicide.
During the evening she had stated to
other inmates of the house that she in
tended to die, but they did not pay much
attention, as she had said the same thing
before. Even when she swallowed the con
tents of a small box the act was looked
upon as a joke. . In a very short time,
though, she became drowsy, and then un
conscious, and it was then that the Re
ceiving Hospital was notified, and she was
taken out.
Her condition upon arrival was critical,
and for two hours the physicians worked
hard to maintain an artificial respiration.
She did not recover consciousness, and all
day laid in a comatose condition. In ad
dition to the effects of the morphine, the
physicians say that she had a high fever,
probably produced by excessive drinking
and late hours.
The girl arrived from an interior town
some two months ago, but the people with
whom she lived, nor any one in the City as
far as known, can tell anything of her an
tecedents. She is only 20 years old.
At ; 6 o'clock last* night the : woman
breathed her last, not having once recov
ered consciousness. Her body was taken
to the Morgue. ",' *■
TO RECOVER STOCKS.
The Executors of " Heydenfeldt Estate
Suing Mrs. Heydenfeldt.
Suit to recover 4674 shares of Zeile min
ing stock from Mrs. Elizabeth O. Heyden
feldt has been begun by Charles Ash ton
and Julius Jacobs, as executors of the Solo
mon Heydenfeldt will. "■' The stock is val
ued at $20,000, and in addition to that the
plaintiffs sue for $10,000 damages.
The executors of the Heydenfeldt estate
filed their annual report yesterday. They
declare that it is necessary to sell the real
estate on Post street to pay a mortgage,
but tbe property is leased to John J. O Far
rell, ana a suit in ejectment is pending. .
Steamers for "A Night in Venice. "
To afford the public an opportunity to
view "A Night in ; Venice" at Belvedere
Saturday night. August 3, , the San Fran
cisco and North Pacific Railway Company
will run their. three large steamers, leaving
Tiburon Ferry, foot of Market street, at
8:00, 8:15 and*B:3o p. m. ; on the return they
will leave Tiburon at the close of the spec
if ____________!_£__ &'.^'^ _ui_3___J_eup_l __l^J__y-.
STRIKERS SUE THE SOUTHERN PACIFIC.
Have Become Weary of
Being Objects of
Persecution.
TAKE THE OFFENSIVE.
Knox, Mullin and Compton
Want $1,500,000 as Pun
itive Damages.
SERIOUS QUESTIONS RAISED.
Charges Made of a Conspiracy to
Ruin the Reputations of .
Complainants.
Proceedings were begun yesterday in the
Superior Court of this county which, if
successful, will mean eventual mulcting of
the Southern Pacific Company of the sum
of $1,500,000.
Late yesterday afternoon Attorney
George W. Monteith, as the legal repre
sentative of Harry A. Knox, filed a com
plaint on behalf of Knox, charging the
Southern Pacific Company and others with
Thomas Compton- -marry a knox James muu-in.,
false and malicious imprisonment, and
praying for exemplary damages in the
sum of $500,000.
Similar suits in like amount will also be
brought within a few days by James Mul
lin and Thomas Compton respectively.
The complaints in the two latter cases
have already been prepared, and have
been forwarded to Sacramento for the sig
natures of the complainants. They will be
filed as soon as they are returned to At
torney Monteith. j
Among the defendants named, in addi
tion to the Southern Pacific Company, are
William Herrin, chief of the law depart
ment of the Southern Pacific Company:
Jerome A. Fillmore, superintendent ; JSarry
Baldwin, United States Marshal ; Samuel
Knight, Assistant United States District
Attorney: Judge W. Armstrong; Colonel
William M. Graham, U. S. A. and a num
ber of detectives and city and county
officials of Yolo County.
These suits are an outgrowth of the great
railroad strike of a year ago, and th*- direct
result of the train wreck near Sacramento,
in which Engineer Samuel Clarke was
killed.
In the complaint filed it is related :
That during the month of July, 1894, plain
tiff and Thomas Compton and James Muilin
were the members of what was known as the
mediation committee of the American Rail-
Way Union Local Union 285 and until about
the 15th day of July, 1894, were in the city of
Sacramento, having charge of the interests of
the American Railway Union at that place
during the strike of such of the members of
said American Railway Union as had up to the
'_.. th day of June, 18.4, been employed by said
defendant corporation. _9___£3H
That as plaintiff is informed and believes the
defendants on or about the 11th day of July,
1894, entered into an unlawful combination
George W. Monteith.
and conspiracy, and unlawfully conspired and
confederated together with the common object
and design to injure plaintiff and destroy his
reputation, his liberty and his life.
Likewise plaintiff upon information and be
lief states that to thus injure and destroy
plaintiff, the defendants, the conspirators
aforesaid, in furtherance of the common ob
ject and design of said unlawful combination
and conspiracy aforesaid, and to effect the
same by injuring and destroying plaintiff as
aforesaid, did cause a complaint to be laid be
fore said defendant Fisher, a Justice of the
Peace at Woodland, Cal., on or about the 12th
day of July, 1894, charging defendant, with
others, with" the murder of one, Samuel Clarke,
near the town of Broderick or Washington, in
said Yolo County, on the 11th day of July,
1894, at which time a train of cars belonging
to defendant corporation had been wrecked,
and partially if not wholly destroyed, and the
said Clarke, who was the engineer of said train,
had been killed, also caused plaintiff to be
arrested on a warrant based on said complaint,
and to be imprisoned for twenty-one days
thereon without bail; also at the expiration of
said twenty-one days' .imprisonment, to give
bail in the sum of $10,000; also to be examined
upon said charge before said defendant Fisher,
.sitting as a committing magistrate, and by
said defendant Fisher corruptly and unlaw
fully, without any evidence whatever showing
any connection of plaintiff with the murder or
killing of said Clarke, with which plaintiff was
falsely., charged as aforesaid, held .to answer
upon said charge before the Superior Court of
said Yolo County, solely in furtherance of the
said design and object of said conspirators, the
defendants herein, in securing the destruction
of the reputation, the liberty and the life of the
plaintiff as aforesaid.
That* thereafter defendant Head, acting in
the capacity of District Attorney of said Yolo
County, filed in the Superior Court of said Yolo
County an imormation ; charging plaintiff with
the murder of said Samuel Clarke.
That plaintiff states upon his information
and Delief that the filing : of said information
by said defendant Head was wholly unlawful
and without any evidence at all.
That said prosecution and said charge of
murder against plaintiff in said Superior Court
of Yolo County was not _ dismissed or termi
nated until a successor •in office to said de
fendant Head had assumed the duties of said
office of District Attorney of said Yolo County.
Defendants maliciously endeavored to have
plaintiff further ■ imprisoned upon said false
charge of murder by causing him to be surren
dered by his bondsmen, and to that end circu
it l $J _____ Jt Of ies -tknsl ._&-_■- to the eflecj,
plaintiff was about to run away and desert his
bondsmen, and cause his bail to be forfeited,
and threatened, coaxed and intimidated plain
tiff's bondsmen to such an extent that upon
the 29 ih day of November, 1894. they surren
dered plaintiff to the Sheriff of Yolo County.
In furtherance of the said object and design
of said conspirators, the said defendants did
persecute plaintiff and treat him with great
inhumanity; tried to prevent plaintiff from
obtaining bohdsmen; denied plaintiff's .wife
the opportunity of seeing plaintiff while thus
in custody and imprisoned : would not allow
persons willing to act as bondsmen to see
plaintiff ; that thereafter, and with much diffi
culty, owing to the malice and persecution of
said conspirators, plaintiff again procured bail
in the sum of $10,000, ayd was once more re
leased from prison on the 2d day of December,
1894; that upon Monday, the 4th day of Feb
ruary, 1895, the said Superior Court of said
Yolo County dismissed said charge of murder
against plaintiff.
For the purpose of showing the vindictive
ness, hatred and malice with which defendants
acted, plaintiff further show:
Upon his information and belief he states
that defendants; caused rumors, false state
ments, slanders and libelous publications to be
made and circulated throughout the State of
California and. many other States and Terri
tories of the United States of and concerning
plaintiff, charging him with the said heinous
crime of the murder of the said Clarke; with
organizing and exciting rebellion against the
United States and against the State of Califor
nia; with destroying and causing and attempt
ing to destroy " property, and many other
heinous crimes; with conspiring to restrain
and retard the transmission of the United
States mails; with conspiring to restrain the
transmission of interstate commerce; with in
timidating the militia of the State of Califor
nia; with intimidating Generals Sheehan and
Dickinson, commanding the same. All of
which was false and for the purpose of creating
a strong public sentiment and prejudice against
plaintiff, and to render his prosecution and con
viction, as aforesaid, more certain, in order
that plaintiff might be convicted and hanged
until dead.
Upon his information and belief plaintiff
further states that defendants procured him
to be indicted by the United States Grand Jury
of the United States court for the Northern
District of California, upon false and frivolous
charges of conspiracy. - •
Still further, upon his information and be
lief plaintiff states that defendants procured
and caused false testimony to be given against
him before the United States Grand Jury afore
said, and prevented testimony from being pre
sented before said Grand Jury in his favor.
Still further, and upon his information and
belief plaintiff states that the defendant corpo
ration and defendants Fillmore and Wright
caused _iim to be blacklisted so he would not
be able to work upon any railroad in the United
States, and in divers other and many ways
have, harassed, annoyed, persecuted and
hounded plaintiff.
That by reason of the actual hatred, malice
and vindictiveness with which defendants
have pursued, persecuted and prosecuted
plaintiff as aforesaid, plaintiff is entitled to
recover damages in such an amount as will be
exemplary and will adequately punish de
fendants.
Tnat by reason of the combination and con
spiracy aforesaid, and the heieinbefore-men
tioned acts of the defendants, plaintiff's arrest
and prosecution was published throughout the
United States and in many newspapers; that
it came to be known to thousands of citizens of
this State and of the United States to plaintiff
unknown, and caused plaintiff to be looked
upon as a wanton and vicious murderer,
caused severe condemnation and criticism of
plaintiff and many thousands of persons to be
lieve plaintiff guilty of the crime of murdering
said Clarke aforesaid, and as such to be exe
crated, despised and hated, and in many ways
and in otherwise to be injured in his good
name and reputation. • •_:_-.
That by reason of the premises plaintiff has
been damaged in the sum of $500,000.
Wherefore, plaintiff prays judgment against
defendant for $500,000. besides his costs of
suit.
Harry A. Knox, the plaintiff in the suit,
had this to say in reference to it:
I have grown tired of this everlasting perse
cution to which I have been subjected, and
now propose to see if there is any redress for
a man who is persecuted as I have been. Not
only am I blacklisted and prevented from
earning a living in the class of work I have
spent my life at, but I am charged with com
mitting all sorts of crimes.
In regard to that Woodland affair I intend
to have the matter sifted to the bottom and
blame placed where it belongs. I don't think
that Worden ls guilty, for I saw him in Sacra
mento on the day ol the wrecK at a time when
it would have been impossible for him to have
been at the wreck or with Johnny Sherburne.
I have always been only too anxious to have
that affair investigated, and by the action I
now take I propose to put the company where
they will have to go on the stand and tell what
they were afraid to tell when Mayne and Cas
sidy were tried.
I would have started this matter sooner, but
I was too hard pressed for money to do it, but
now I have made arrangements that will en
able me to make a fight to a finish.
There are thousands of people all over the
country who actually think that the A R. U.
caused the wreck of that train. We offered in
the Mayne and Cassidy case to prove that it
was done in the interest of the company by
that miserable Charles O'Brien. "We offered to
not only produce his written confession but to
prove his verbal confession to five or six cred
ible witnesses, and to produce evidence
enough to hang him, but could not get it in.
.Now we will be able to preve it.
Attorney Monteith also had something
of interest to say on the subject, as fol
lows:
These actions are brought with the entire
approval of Mr. Debs and the general union,
aside from the individual desires of the plain
tiffs. '-" .■_:_.■
We seek not alone compensatory damages,
but punitive or exemplary damages as well. ,
The law holds that wheie one uses the crimi
nal ■ processes to subserve private ends he
does it at his peril. Where the charge is cause
less and due to the actual malice of the com
plainant the law awards such I damages as will
be sufficient to adequately punish the offender;
for instance, $100 damages would be punish
ment to a poor man, where half a million
would not hurt a great corporation like the
Southern Pacific.
Mr. Knox has been branded as a felon and a
murderer from one end of the country to the
other and in a case which exhibits the very re
finement of torture. The railroad company
should not only be made to suffer but to smart
and to feel the lash in its one tender spot— its
pocket-book.
This case presents an opportunity to , show
that no man's liberty, life or reputation may
be ruthlessly assailed without the assailant
being made to pay dearly for the attempt.
NO NEW OFFICERS.
The Health and Police Committee Will
Not Recommend an Increase.
The Health and Police Committee of the
Board of Supervisors has decided not to
authorize an increase of the police force, as
it would make the tax levy too high. , The
meeting at which the decision was reached
was held yesterday morning. .
Supervisor Dimond favored the recom
mendation of an appropriation, while the
rest of the committee opposed it. It was
then decided to recommend appropriations
sufficient to pay the salaries of five lieuten
ants each $140 a month, forty-five sergeants
each ; $125 a month r and twelve detectives
each $125 a month. This covers all the
increase made by the recent reorganization
of the force. .
Free This Week.
EIGHT BIG PRESENTS-ONE GIVEN WITH
Each Pound of Our
i EXTRA .VALUE 80-CENT TEAS.
GREAT AMERICAN, IMPORTING TEA CO.'S,
52-58 j Market _ street, S. F.. Headquarters.
BRANCH STORES EVERYWHERE. -*'/'•
,_:-•- _ ; ". *' • •':. •• _"■'. "' '.-■• ■,v
Boats to Belvedere.
The three ferry j steamers of the Donahue
.Bfiilw^JJ^ligJUa -Weight between this City
and Tiburon to accommodate the crowds of
City people who wish to witness the spectacle
of a "Night in Venice" at Belvedere. Only a
limited number of persons will be allowed on
the boats at one time as a precaution for the
safety of passengers, but if the demand war
rants it double runs will be made each way.
The boats will leave here at 8, 8:15 and 8:30
P. M. The Southern Pacific Company will run
a ferry-boat from Oakland to Belvedere.
HEALTH APPOINTMENTS.
A Contest Brewing Over the Board's
Power to Remove Except for
Cause.
There is a movement on foot to test the
legality of the recent removals by the
Board of Health of the employes of the
Health Department, and even to question
the Governor's power to remove the mem
bers of the board, as, it is claimed, the law
makes their term of office five years.
The law declares that all appointees of
the board may be removed for just cause,
and it is claimed that politics is not a "just
cause," nor any element of a just cause.
The Health Officer is the only subordinate
who holds office at the pleasure of the
board, but should the present board prove
to be illegally in office, the removal of all
appointees except Dr. Keeney, the last
Health Officer, will be held invalid.
The Board of Health has controlled in
all 141 positions,' most of them by , direct
appointment, and all of them through ap
pointees. It has not the power, it is
claimed, to remove any of these sub
ordinates unless there be some good reason
for it. _^
THE FINANCE COMMITTEE.
A New Home for the Inebri
ates to Be Erected on
Tenth Avenue.
Folsom-Street Improvement De
ferred—Tax Levy and the
City's Creditors.
The Finance Committee of the Board of
Supervisors met last night for the purpose
of fixing 'the tax levy for the next fiscal
year. The first matter considered was the
act passed by the last Legislature creating
a home for inebriates. This bill was intro
duced by Dr. Gavigan, and it was specially
stipulated that the home must be com
pleted by August 1, 1896. Mr. Benjamin
favored an appropriation of $100,000, while
Supervisor Hobbs thought $25,000 was quite
enough to begin with. The Solid Eight
member at length reluctantly withdrew
his motion, though it was not until it was
fully understood that the $25,000 suggested
by Mr. Hobbs was to be used exclusively
in putting up the building. An appropri
ation lor furnishing the home and paying
salaries will not be included in the present
tax levy. . . »
It was decided to build the home for
inebriates on a lot owned by the City on
Tenth avenue, near Point Lobos. The lot
has a frontage on Tenth avenue of 150 feet,
with a depth of. 240 feet. This property
was given to the City thirty-five years ago
and is now controlled by the Private Home
for Inebriates. . < 7
Attorney James K. Taylor appeared be
fore the committee as a representative of
the City's creditors. He made an eloquent
appeal," urging, that the $210,000 due the
contractors for supplies be included in the
tax levy. Chairman Taylor said in effect
that the matter was now before the Su
preme Court, and that the committee was
not prepared to take any definite action
until a decision had been rendered.
Mr. Hobbs agreed with the chairman
and the matter went over until the Septem
ber meeting, when the final appropriations
are to be made. . During a discussion of
the City's debt to the contractors Super
visors Dimond and King engaged in a
lively tilt, in which they paid their re
spects to each other in a very emphatic
way. '.. _-.*^__ ■-■"■y :•' . -; : -
The committee decided not to make an
appropriation for the improvement of Foi
som street, though their next move was to
set aside $10,000 for a new City map.
The Finance Committee and other mem
bers of the board got into a heated argu
ment over the appropriation for Golden
''ate Park, when the former adjourned
and the board resolved itself into a com
mittee of the whole to discuss the appro
priations of the tax levy as far as made.
Supervisor King argued in favor of in
creasing the appropriation made for the
City and County Hospital from $80,000 to
$90, 000. Mr. Taylor strongly opposed any
increase, stating that it there was any in
stitution under the control of the City that
needed an investigation it was the hospital.
He indorsed all that was said by the last
Grand Jury in its report. Mr. King's mo
tion was lost. "■■-:.'■'
Mr. Benjamin moved that the appropria
tion for Golden Gate Park be increased
from $256,000 to $300,000. Supervisors Tay
lor, King and Hobbs were opposed to the
increase, and expressed themselves in such
a forcible manner that Mr. Benjamin's
motion found advocates only ln Morgen
stern, Stone and Wagner.
The Finance Committee met in the after
noon and awarded contracts on the new
schoolhouse to be erected on Haight street,
between Masonic and Central avenues.
The contracts awarded were as follows:
Gray Bros., for excavating, $4888; Edward
Hogan, for plumbing, $2300; Forderick
Cornice Works, for tin work, $1076; D.
Zehinsky, for painting, $1375; Hansbrough
Bros., for carpenter work, $15,305.
BUY HOME-MADE GOODS.
Request That California Pipe-Organ
Makers Have a Chance With
St. Ignatius Church.
Hearing that a new pipe-organ is about
to be put into St. Ignatius Church, Secre
tary Meade of the Manufacturers' Associa
tion has written to Rev. Edwin Allen,
asking him to allow California manufac
turers to compete in the bidding, and if
they can do as well to give them the pref
erence over Eastern bidders. -
Mr. Meade has also sent word to George
M. Andrews of Oakland. Thomas W.
Whalley of Berkeley and John Berestrom
and Conrad C. Hornung of this City, in
forming them of the opportunity that pos
sibly ' exists for the patronage of a home
'manufacturer.
THAT ■
Is the $6 shoe of retail stores. Perhaps
you've worn it ; or only seen admired
■ __. j -mmm it— desired it— but the big price looked so
*^___S_^_\_. -^^rs*^_»f it— desired it— but the big price looked so
•^______WLm The factory price— our retail and whole-
*^^§J* sale price is $4— for the FINEST hand-
**-SJB_Hr \ ' .' __\\_W_[ sewed CALFSKIN MAN'S SHOE. Bal-
moral or Congress; all the toe-styles now
in vogue.
SHOE ROSENTHAL, FEDER & CO.,
* 581-583 MARKET ST.,
NEAR SECOND.
OF
The Big Shoe Factory Retailing, at Fac-
tory Prices.
Jim ¥ T «-^ __? Open till 8 P. M. Saturdays till 10.
OURS. . .:. . ■■.......■ ■• j >
i____________B-________r__________^ -
GHIEF CROWLEY ON OPIUM
The Head of the Police De
partment Says There Are
But Few " Fiends."
ONLY THE CHINESE SMOKE.
"Hop Heads" on the Decrease and
But Little or No " Dope "
Sold Illegally.
_. number of complaints have recently
reached The Call concerning the preva
lence of the opium-smoking vice in this
City. It is often said that the opium
smokers and their dens of infamy enjoy
immunity from police interference, and
that the evil is on the increase in this
City. Complaint is made that white men
and women go to Chinatown to smoke and
to buy "dope."
The police deny all this. Chief Crowley
says it is not true. In an interview yester
day the Chief said that the opium-smoking
evil was at its minimum in this City.
"But little 'dope' is sold or smoked here
now," said the Chief. "The old * 'dope
fiends' have taken to cocaine. That is the
new vice.
"Of course, the opium evil is not en
tirely eradicated. I suppose it would be
impossible to do that, but we have kept it
within bounds. There are no dens, prop
erly so-called, in this City now. At least
I do not think there are. To my knowl
edge there are no such places. .
"In a few cases the fiends who still have
the habit take the 'dope' to their rooms
and smoke it. We can't prevent them
from doing that, you know. A man has
as much right to smoke opium in his
house as tobacco. However, I think there
are but few places in the City now in
fested by opium-smokers.
"So far as I know there are no pints in
Chinatown where white people can go and
smoke. I don't think there are any such
places, for the reason, chiefly, that the
white people do not smoke opium any
more— or at least only a very few of them.
Of course the Chinese smoke. It has been
decided that we cannot hinder that. All
we can do is to keep them from opening
places where whites might resort to smoke.
i I think we have done this pretty thorough
j ly. There are no cases of the violation of
' the onium law that I know of at present,
nor has there been for a long time. The
fact is, as I have said, the opium evil is on
the decrease.
"How many dope fiends are there in the
City? Of course, that would be guess work
to answer such a question. A thousand?
A good many less I should think. No, I
do not think there are anything like that
number of fiends in the City. Outside of
Chinatown there is very little of the drug
used, and in that quarter the smoking is
I confined to the Mongolian inhabitants.
"As to the sale of opium? Well, the
! Chinatown squad is constantly on the
| lookout for . that, and once in a while
| arrests are made. Ido not think there is
| much opium sold in Chinatown. I
! couldn't say there is none at all sold, but I
i believe we have kept that part of the evil
! down to the very lowest notch.
"No, the opium evil is not what it was
in this City, and it is getting less and less
all the time. There is but very little of it,
if any, sold to whites in Chinatown, and
only the Chinese themselves frequent the
Chinatown joints. The penalty is heavy,
you know. The vice is restricted."
FAILURE OF B. MISH.
F. Toplitz the Chief Creditor and Local
and New York Firm*
Interested.
B. Mish, who was in the retail millinery
business at 545 Market street, has failed.
On Tuesday he called a meeting of his
creditors and stated to them that he had not
been able to meet his payments, and of
fered to make a settlement at 30 cents on
the dollar. Stange & Janik attached the
stock and the creditors are in possession.
• Mr. Mish stated last evening that he
owes about $8500. Of this $3800 is for mer
chandise and the bulk of that amount is to
F. Toplitz, who is hi* chief creditor. He
owes money to several firms in this City
and New York for merchandise. The re
mainder of his liabilities are for money
borrowed for the carrying on of the busi
ness. His mother, Mrs. Sarah Mish, who
is in the millinery business at 133 Kearny
street, is another creditor. He said no in
ventory of the stock had been taken and
he could not even approximate the assets.
B. Mish was a partner in the firm of P.
Mish & Co., wholesale millinery, which
failed with heavy liabilities a few years
ago. Their place of business was on Mar
ket street, opposite Sansome.
IS NOT PRACTICABLE.
Mayor Sutro Vetoes a Recently Drawn
Basalt Pavement Order.
, Mayor Sutro has vetoed order 2892, re
cently drawn up by the Street Department
and passed by the Supervisors. The order
was one including specifications for basalt
block pavements.
It provided that the blocks must be laid
in concrete, and should be filled in with
gravel and asphaltum, making a durable
though very expensive pavement. This
element of expense was one thing which
the Mayor disapproved of. * There was also
a clause providing that the specifications
should not apply when the grade was more
than 6 per cent.
.In nearly all blocks of less than a 6 per
cent grade the property-owners wish a
bituminous pavement any way. so the
order was practically nullified. For those
reasons it was vetoed.