The San Francisco call. [volume], August 23, 1895, Page 9, Image 9

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

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THE HASKINS IS NOT A FORGERY
Verdict of the Jury in
the Hard-Fought Pro
bate Contest.
VICTORY FOR THE WIDOW
Mrs. Haskins Is Vindicated
and She Will Retain the
Property.
DELIBEKATION OF THE JURY.
Hours of WaltlngThat Caused Spec
ulations Concerning the Fair
Interests.
The contest for the James S. Haskins I
estate was ended in Judge Coffey's depart- \
rhent of the Superior Court last night, and ■
the jury declared that the disputed will is
genuine.
This verdict carries with it the declara
■ tioQ that the eleven wills, on paper and on
"boards, are all genuine, and none of the j
charges made by the nephews have been
supported. Mrs. Haskins, against whom
llie. "charges were implied, is vindicated,!
"though the attorneys for the contestants
..declared in court that they made no accu- |
sation of forgery.
: • -Attorney Ford delivered a powerful ar- '
MRS. EASEINS, MISS CRAVEN AND FRIENDS WAITING FOR THE JURY TO RETURN.
[From a sketch by a "Call" artist.]
gum^nt for the contestants, occupying the
entire morning. Judge Coffey delivered
Jiischarge to the jury in the afternoon, and
at 2:4s o'clock the case was submitted to
. : fch c jury.
; It was the general expectation that a
prbmpt verdict would be returned, but the
: jury had many specimens of handwriting
' :to study and some incidental issues in the
case made the matter complicated.
:; ; 'ihe entire audience waited, momen
tarily expecting a decision, throughout
.the afternoon.
. At £ o'clock there was a rap on the door
•and the bailiff responded. Everybody con
• eiu/Je'd that the case had been settled, bat
tlr£.bailiff "merely walked to the jury-box,
•picked up an overcoat that had been left
there and returned to the jury-room with it.
■■"• ''They are sending for their blankets,"
remarked Judge Coffey, and some of tne
spectators moved for the door.
' At G- o'clock an adjournment for two
hours was ordered, and the jury suspended
its work to dine.
The unexpected delay in the jury s re
turn of a verdict was apparently a surprise
to everybody about the court, for the gen
eral opinion had been that there was no
showing at all on the charge of forgery.
Oh' that account the interests of the Fair
estate were brought up in the conversatiou
of many of the groups that formed in the
corridors, and prophecies were made that
an . agreement in favor of Mrs. Haskins
would never be reached.
The long wait at evening added to the
suggestions of the conversation, but the
prognostications were not well founded.
At 9 o'clock the jury filed into the court
room, but no decision had been reached.
Information was wanted. Some of the
jurors had got mixed up on the arguments
and instructions, and they wanted their
ideas straightened out.
Judge Coffey gave the information, and
the jury retired once more.
Then'Mrs.Haskins' friends settled down
for another long wait. Most of these were
ladies who are neighbors to Mrs. Haskins,
and they were so interested in the case
that they intended to wait till midnight if
a verdict was not brought in.
Margaret Craven was there, and she de
clared that if the case did not end last
night she wpuld have to pive up her Stock
well engagement for "Masks and Faces
bext week, for she had not devoted two
minutes to either the lines or her cos
tumes. *
Al 10:30 o'clock there was another an
nouncement of the jury's desire to
be heard. .The twelve men resumed
their seats and Foreman Charles 8. Eaton
announced a verdict that the will is
genuine. The jurors who gave that ver
dict. are. Charles S. Eaton, Patrick O.
Aherne, Leopold Diamant, James H.
?lolan. Edmund Lanterbach, B. B. Frank
fin, Henry ■ Euler, Louis £aroni, Pierre
Dreyde.mi and William Hencke.
T. F. House and E. A. Huber were
opposed.
The will of 1888 is declared not to be the
last that Mr. Haskins wrote, but the later
one is merely a republication and does not
affect the case.
THE LOSING CLUB.
Opening Concert of Its Nineteenth
Season.
The Loning Club gave the initial concert
of its nineteenth season last evening at
Odd Fellows' Hali. The attendance was
large and the music of that high standard
of excellence for which thi3 organization is
noted. In its entertainment of last even
ing the club was assisted by Miss Beatrice
Priest, Mrs. Carmichael-Carr, Sigmund
Beel and Louis Heine.
The first number on the programme was
a barytone solo— "Discovery," by Grieg,
rendered by Clarence A. Howard. This
was followed by Mendelssohn's "Turkish
Cupbearer," Bung by a quartet composed
of D. M. Lawrence", B. G. Somers, W. S.
Mackay and Robert 'Blair. Theme and
variations was for piano, violin and violon
cello. The performers were Mrs. Car
michael-Carr, Sigmund BeelCand Louia
Heine. The fourth number was a tenor
solo by Frank. Coffin— "The Almighty."
one of Liszt's masterpieces. "To the
Genesis of Music" proved to be a cantata
for soprano solo, quartet and chorus of
male voices. Miss Beatrice Priest rendered
the solo with excellent effect, and the
quartet was made up by J. H. Dresmond,
J. J. Morris, W. 0. Stadfeldt and S. E.
Tucker.
The officers of the club, under whom the
concerts for this season will be arranged,
are as follows: President, William Alvord;
vice-president, Charles F. Crocker; secre
tary, W. C. Stadfeidt; treasurer, W. A.
Murisen; librarian, J. G. Morrisey;
director, D. P. Hughes; music committee —
Charles H. Van Orden, B. G. Somers, J. C.
Fyee; voice committee— Frank Coffin, G.
D. Humphrey, Ben Romanic, S. E. Tucker.
THE WHITE'S SUEVIVORS.
The Shipwrecked Sealers Receive the
Money Donated to Them.
The money that was subscribed for the
benefit of the survivors of the ill-fated
sealing schooner C. G. White, that wa9
wrecked at Kodiak Island on April 13, was
distributed yesterday at the office of the
Examiner. The story of the wreck and
the sufferings of those who escaped death
has been told repeatedly. The latter ar
rived from the north about ten days ago
and presented a sorry appearance. E. W.
Bails lost both feet, E. J. Voisinat lost
five ringers, four others lost their toes and
Frank Sweaney waslrendered temporarily
blind.
Soon after the news of the wreck reached
this City Al White, who is well known on
the water front, started a fund for the sur
vivors and subscribed $10. He requested
the Examiner to be the custodian of the
money and the paper generously added
$50. "H. Liebcs followed with $100,
J. D. Spreckels $50, the Merchants' Ex
change $50, Louis Sloss $50. The fund ran
lup to $671. The apportionment of the
' money was made yesterday by T. T. Wil
liams of the Examiner, and according to
the injuries the survivors received. The
| beneficiaries were as follows: E. W. Bail,
j $200; E. J. Yoisinat, $125; R. D. Rogers,
$67; Gustav WicKstrom, $67; Nathias Mat
: thiason, $67; F. H. Murray, $67; and
Frank Sweaney, $58.
The seairen were highly pleased and
i heartily expressed their appreciation when
: Mr. Williams had concluded making a few
! appropriate remarks. Poor Bails was un
| able to be present to receive his share, as he
I is now in the Marine Hospital, but the
i money was taken to him by his brother
i Oscar. Sweaney was the spokesman for
I the sealers and made a neat speech ex
' pressing the thanks of his comrades to all
j who had shown their kindness and sym-
p athy. The sailors decided to reserve some
of the money with which to purchase a tes
timonial for' Dr. C. F. Dickinson of Kodiak,
who for two weeks was a constant attend
ant upon the sufferers.
THREE IN IN A BUGGY.
They Have Committed Several
Daring Burglaries in
the Mission.
Men Specially Detailed In Plain
Clothes From the Dif
ferent Stations.
The police and detectives are scouring
the Mission in search of three men in a
; butrgy who have given evidence of extra
| ordinary skill in committing burglaries.
Their modus operandi is to drive up to a
house in the early morning. Two of them
leave the buggy and effect an entrance to
! the house while the other remains outside
in the buggy on guard anQ ready to give
i the alarm when danger of discovery ap-
J proaches.
Sunday morning the residence of James
j D. Phelan, corner of Valencia and Seven
' teentb streets, was entered and several
i articles of jewelry and $50 in coin were
! sto!er. Before leaving the house the
: burglars partook of a hearty meal in tne
| kitchen.
Wednesday morning about 4 o'clock
i they entered the hou se of William Metz
i ncr, 1231 Guerrero street. After leaving
; the doors open they went through the dif
| ferent rooms and secured a number of
articles of jewelry. They then went to the
kitchen and partook of a hearty breakfast
while the family were sleeping soundly
j upstairs.
I . The approach of a miikman's cart made
them take a more hurried departure than
they intended. But they did not go far,
as they bestowed their attentions upon the
residence of Eugene P. Murphy, on the
corner of Twenty-fifth and Guerrero
streets. They succeeded in making an
entrance in their usual way and left with a
number of valuable articles.
At the Metzner residence they were
foolish enough to leave a "jimmy" behind
them. The police got possession of it, and
yesterday it was taken to the Phelan resi
dence and it fitted exactly the marks made
on the window there when used to force it
open to give them an entrance. This
satisfied the police that the burglaries were
done by the same three men who were
seen driving away from the Metzner resi
dence in the buggy.
The police are making every possible
effort to arrest the three men and put an
end to their depredations. Several men
from the Southern and Seventeenth-street
police stations have for the past two or
three nights been patroling the streets in
the Mission in plain clothes, and as an in
centive to them to capture the burglars
any officer who is fortunate enough to get '
THE SAN FRANCISCO CALL, FRIDAY, AUGUST 23, 1895.
his clutches upon one of them and lock
him up safely in the City Prison will get
two weeks' leave of absence.
ITS MAIDEN TOUENAMENT.
First Event to Be Given by the Swim
ming Annex to the Olympic
Club.
The Bwimming annex of the Olympic
Club is preparing to give its first tourna
ment as soon as the excitement of the
election passes. The entries will be lim
ited to members of the annex and to mem
bers who are in good standing with their
annex dues. Some entries have been re
ceived so far, but as the matter has not
been made public around the club, there
are not many.
So far as it is at present outlined the
progamme will be as follows:
First event — 60-yard handicap race. C. Mel
rose, O. Crable and F. M. W'heatou, scratch;
GeorgeS. McComb, two seconds; Archie Tay
lor, three seconds; W. Taylor and J. Boyle, five
seconds; J. Coffroth, six seconds; F. Smith,
seven seconds.
Second event— loo-yard handicap race.
Third event — Life-preserver race.
Fourth event— Tub-pushing race.
Fifth event — 50-yard swim on the bacfc.
Sixth event — Neatest straight dive, handicap,
ten points to govern. Crable, minus three
points handicap; King and McComb, minus
two; Wheaton, minus two; all others scratch.
Seventh event— Slow race, last in to win.
Eighth event — Swim under water; best men
to be handicapped by being tied to life-pre
servers.
Ninth event — Neatest dive, go as you please,
ten points to govern. McComb, Wheaton and
J. P. Jackson minus three points handicap,
Healey and Taylor minus 2, C. B. Ring minus
one.
Tenth event— Diving for objects blindfolded.
Eleventh event— so-yard race across narrow
diameter of the tank.
Twelfth event— Tug of war.
Thirteenth event— Submersion time contest.
The programme for the evening will con
clude with a tug of war between teams of
six and an exhibition of fancy diving, the
entries for which will include Dana
Thompson, Dan Green, Ed Mowry, E.
Stolle. Matt Gay and Harry Clark, the
club's swimming instructor.
There will be first ana second prizes in
each event, all of which will be purchased
from the annex funds.
A BUKGLAR'S WOKK.
The Residence of J. M. Chretien Robbed
of a Case of Valuable Family
Jewels.
On Sunday evening, the 11th inst., the
residence of J. M. Chretien, 804 Bush
; street, was entered by a burglar during the
absence of the family, and the thi^f carried
away a case of jewels and a purse contain-
I ing $60 belonging to Mrs. Chretien. He
gained an entrance to the house by climb
; ing up a pillar of the balcony and stepping
through the open window into Mrs. Chre
-1 tiens room. The jewel-case, which he
: found in a bureau drawer, contained a
: large number of rings, pins, bracelets and
various trinkets, many of them old and
rare, and had been in Mrs. Chretien's
! family for years. A number of them for
j merly belonged to her mother, who died
I several months ago. and were priceless
from the tender associations connected
with them. A peculiar trinket 250 years
old, an old-fashioned jeweled snuffbox,
and a gold watch and chain costing $200, a
graduating present to Mrs. Chretien, are
among the articles taken.
"At the very lowest estimate," said the
lady, yesterday, "the jewelry was worth
over $800, but to me its value was much
greater. If I could only recover tho arti
cles which once belonged to my mother I
would be reconciled to my loss of the rest.
When we notified the detectives they were
very anxious that nothing would be said
until they had found some clew of the jew
! elry or burglar. We followed their advice
, faithfully and I cannot imagine how the
i news became public. I have learned that
! during our absence that evening three
! suspicious characters were seen prowling
i around, looking at the houses in that
i vicinity. Two of them must Have watched
| while the third man entered my resi
j dence."
The officers have found no clew of the
burglary nor of the stolen articles.
One of the Benchers.
Rev. Thomas K. Beecher of Elmira long
has been noted for his eccentricities, and
! never was he more peculiar than in his
i address the other day in Brooklyn at the
funeral of his brother, Rev. Dr. Edward
Beecher. Stepping to the edge of the plat
form and gazing down at the corfin, he
said: "Edward Beecher, born of Roxanna
Foote and Lyraan Beecher; Jesus was
born of woman; you were born of woman.
! Jesus lived and siiffered; you lived and
I suffered. Jesus laid down his life, and
j you have laid down your life. An aya
! lanche does not stop for a tiny
gravestone. It is not written that
life shall stop for such a trifle
jis death. Henceforth we know you no
more after the flesh. This was the illum
ination of the early Christian. lam able
to tell you that death, as business men
phrase it, has been discounted daily for
years in this man's life. I would nothave
you ignorant. The Lord shall appear in
the heavens with a shout and with the
archangels of heaven. The dead shall rise
and be caurht up to meet the Lord. Let
us learn the letters of our alphabet. lam
the Alpha and Omega. Let us be stead
j fast, immovable. Our labor in the Lord is
i not in vain. Deny yourselves worldly
! lusts, as this man did. Live soberly and
righteously, looking for the blessed end
and for Jesus Christ, who gave himself for
us that he might purify us for himself. I
had a brother, but I have one who ranks
him by 2000 years— my elder brother— and
every one of you is his brother." — St. Louis
Globe-Democrat.
Russia is so anxious to colonize quickly
the Amur district with Cossacks, in order
to watch the Chinese frontier, that she of
fers each male settler eighty acres of land
free, a loan of $325 without interest for
thirty-three years, and exemption from
taxes for three years and from military
service for five.
HALE & NORCROSS SUIT
Defendants Will File a Petition
for a Rehearing
To-Day,
TO BE NO CEIMDTAL ISSUE.
H. M. Levy, Senator Lynch and
Others Furnish a Series of
Surprises in the Case.
The celebrated Hale & Norcross case con
tinues to develop surprises and wreck com
binations that would at first glance seem
to be perpetuah Last week the contro
versy over the incidents bearing qji the
case broke up the friendship of Senator
Jeremiah Lynch and H. M. Levy, but to
day those gentlemen are inseparable again,
and the hatchet is burled beyond the pos
sibility of resurrection.
The cause of the original separation was
traced to remarks made by Mr. Levy, who
said that his friend Mr. Lynch did not buy
4000 shares of stock for the purpose of
bringing the case before the Grand Jury,
but that the stock in question was bought
some months before by Mr. Lynch, who
was doing a little speculating on the ver
dict; that he failed to land, owing to the
fact that the decision was not for $ 2,000,000,
tha original amount, but was for $250,000
instead. Mr. Levy said that such a drop
from the amount sued for would make Mr.
Lynch feel very bad, and the result was
Mr. Liynch waxed wroth and proceeded to
tell Mr. Levy to go to various places and
never show his face again. It looked for a
time that the two friends would meet each
other on the street and have trouble, but
Tuesday night, through the efforts of a
friend, "Mr. Lynch and Mr. Levy were
brought together, and the latter's home
was made the scene of a reconciliation,
where the former remained all night and
smoked the cigar|of peace.
The next surprise was developed yester
day when it was learned that Plaintiff
Fox, through his attorney, had concluded
that it was out of the question to push the
criminal end of the case, as it was barred
from the courts by the statute of limita
tion, which provides that suit shall be
begun within three yearß after the com
mission of fraud, and not three years after
the discovery of it. The latter under
standing of the law prevailed before 1801,
when it was amended and changed as first
stated. Mr. Bagsett said yesterday :
"There is no likelihood of criminal pro
ceedings ever being brought, as the fraud
was committed over five years ago. We
are satisfied on that point and the statute
of limitation is clear. There is another
thing we will push, however, and it is the
damage suit. We have already got a
judgment for $250,000, but that is for
profits on the milling, and now we want to
get judgment for $759,000, the amount we
claim as damage to the stockholders of the
corporation. On this particular point the
Supreme Court informed us that they
could not render a decision, as the testi
mony on that point was not sufficient to
justify it. We will carry this issue back
to ihe lower court, add more testimony
and then send it up to the Supreme Court
again, where we will in all probability get
judgment in our favor."
'When will you get the money that the
Supreme Court has already decided is
yours?"
"Not for thirty days from the date of
judgment. No Supreme Court decision is
final for thirty days after the filing of the
opinion. That is to allow the other side to
petition for a rehearing and the petition
has to be filed within twenty days after
the decision and the Supreme Court has to
take up the petition for rehearing within
thirty days. To-morrow is the last day set
for filing the petition for rehearing which
1 understand is now being prepared."
Later in the day Attorney W. S. Wood
was found and stated that he would file his
petition to-day for the defendants and that
there would be twenty-five pages of the
document.
Upon what lines the petition for a re
hearing will be constructed is not known,
but one of the attorneys for the defend
ants said recently at the Silver Conven
tion in the hearing of several gentlemen
that the defense was preparing a petition
for rehearing, that it was twenty-five pages
long and that he was satisfied that it
wouldn't do a particle of good, and that
the game was up and the case was lost.
He not only repeated this several times,
but reviewed the case and pointed out the
foolishness of making such a demand on
the court.
It will be seen from the recent develop
ments that the Hale & JTorcross case is
turned completely upside down, and those
who are in a position to know claim that
as soon as the claim for $75<1,000 damages
to the stockholders is settled there will be
more trouble from other sources. Mr. Fox
said yesterday that the statute of limita
tion had not run out on some other
charges that would be brought, and that
there were other rases besides the one that
has Hale & Norcross in its title.
WATCHES CHEAP AND GOOD.
Women the Chief Victims of the Craze
to Possess a Good Timekeeper.
Good watches were probably never be
fore nearly so cheap as they now are. You
may buy for less than $12 a watch war
ranted to vary not more than a few seconds
a month, says the New York' Sun. The
silver in the case of a watch never was an
important part of the cost of a good time
keeper, and now that silver is so cheap
watch cases at wholesale are of trilling
cost. The watchmaking business has been
greatly subdivided. Crystals are made at
one place, cases at another and works at
still another. There is a growing belief
among men of moderate means that a
gold watch is a vanity and that the sole
important thing in a watch is the works.
These were never so good and so cheap as
now.
The number of men who carry cheap
watches is constantly on the increase. The
watch clubs of some years ago could hardly
succeed now, because men are less under
the fetich of the gold watch than formerly.
Many men lay aside their gold watches,
heirlooms, gifts and the like and carry
good timekeepers that cost only one-tenth
as much. At the same time some men of
much less means are willing to save and
deny themselves in order to buy gold
watches. The well-to-do merchant is per
haps more likely to carry a gold watch
than the professional man of ten times his
income.
There are still in use a few old key
winding silver watches of the sort that be
gan to disappear with the advent of the
stem-winders. Many of theee are excel
lent timekeepers. They cost when new
from $25 to $50, and have stood the wear of
a quarter of a century. They are better
than the $5 and $6 stem-winders freely
offered now, though the key-winders
bring almost nothing in exchange. It
would take half a dozen good timekeeping
silver-cased key-winders to buy one of the
cheap stem-winders. The dial of the
modern cheap watch is usually numbered
in Arabic instead of Roman numerals, and
any watch bearing the latter is usually far
from new.
Women still cling to the pold watch,
and among the most expensive watches
are those made in Switzerland for women.
It is not unusual for one of these small
and richly enameled affairs to cost $25U,
and the prices run from that into the
thousands.
The gold-faced watch is such a nuisance
that it is disappearing. The expensive
watches made for women are usually ex
cellent timekeepers. There are. however,
many cheap and gaudy watches made in
answer to the craze for watches as orna
ments, and these cannot so well be de
pended upon. Watches that have more or
less gold in the case are very cheap now.
Women of all sorts have them, and it is
not unusual to see one in the hands of a
maid-servant. Showy watches are made
to be given as prizes for those that play
the hundred and one gambling devices set
up in saloons. Some saloon-keepers get
watches of the same sort and offer them as
prizes for the man getting a certain num
bered ticket^a ticket being given out with
every drink sold. These watches are al
ways advertised as gold. Their cheapness
is proclaimed in the character of the deco
ration, which is crudely elaborate.
THE STREETS OP THE PUTUBE
All right Carts to Disappear From City
Thoroughfares.
In an interesting report on the hygienic
virtues and shortcomings of wood pave
ment, Dr. BJythe, the health officer for
Marylebone, refers to asphalt, which he is
inclined to prefer on the ground of its be
ing less capable of absorbing the im
purities of a busy thoroughfare. Its
chief drawback, however, as he observes,
is its noisiness. The sharp pit - pat
of the horses' hoofs is almost as an
noying as the rattle and roar of the
traffic over granite cubes. "In the near
future, however, when that unfortunate
locomotive act, 1865, is repealed and the
great industry in self-propelling carriages
by compressed air, by petroleum and elec
tricity, is in full swing, the hansom cab,
the omnibus and all lights will disappear
from the streets, motors in the long run
being much cheaper and more convenient;
in that happy time this objection against
asphalt will not hold good. A London
from which the horse has eliminated for
draught purposes will have lost a pictur
esque feature of its opon-air life. On the
other hand, the winter's snow and ice and
the greasy streets, which we have in the
last lew months almost forgotten, cannot
distress a road locomotive as they can our
four-footed servants." — London Telegraph.
THE COMMITTEE OF FIVE
Chairman Ricketts Calls a
Meeting for Wednesday
Afternoon.
Judge Henshaw's Decision Shows
How the Struggle Concerns
Laborers.
Chairman Ricketts will call a meeting at
his office at 2 p. m. next Wednesday of the
committee of five chosen by the Miners'
Association executive committee at its
last meeting, to consider the advisability
of a conference with the Southern Pacific.
The correspondence between Attorney
John M. Wright and Land Agent Mills
relating to the proposition for a joint
expert commission to make an inspection
of the lands will then be taken up on its
merits.
It is hard to predict just what the out
come of the overture for an amicable
settlement will be. In Mr. Ricketts'
opinion, the expressed wish of Mr. Mills
that all legal proceedings now pending be
discontinued, presents an insurmountable
difficulty.
The railroad company has a great deal
at stake. In its erant 7,000,000 out of the
20.000,000 acres is estimated by the Land
Department to be mineral lands. If, how
ever, most of this could be agreed upon by
the two experts as agricultural land it
would be just what the railroad company
would want. Supposing the expert of the
company to be true to the interests he
would represent and the expert of the
Miners' Association would prove loyal to
those of the association and a man of
strong character, it is questionable if the
two men could ever reach a unanimous
conclusion, considering the conflict of
business interests.
Mr. Ricketts' regards Mr. Mills' proposi
tion as simply a play to either get the le
gal proceedings dropped altogether or
have them indefinitely delayed so as to
allow the company to go on making its se
lections, meanwhile, with more than usual
alacrity — and without fear of any legal
trouble. Another apparent intention of
Mr. Mills' letter, according to Mr. Rick
etts, is to ruake it appear that Mr. Ricketts,
as attorney for the association, is an ob
structionist, and to bid for a measure of
sympathy on that representation.
"The fact is," said Mr. Ricketts yester
day, "the railroad company would not
have offered to treat with the association
at all, but for these protests and appeals
and the effective work of the San Francisco
newspapers in bringing the true inward
ness of this controversy to light.
"The mineral lands controversy is more
far-reaching than would at first appear.
Under the laws of this State a laborer,
material-man, machinist, contractor or any
other class of service employed upon a
mining claim may put a mechanic s lien
on the claim in the event of non-payment
of compensation. So says section 1183
of the Civil Code, but a recent decision of
Judge Henshaw of the State Supreme
Court snows that no lien can be had by
any such laborer as a lien upon a mining
claim when the land is covered by an ag
ricultural patent.
"In the case at issue Judge Henshaw re
versed the action of the Superior Court in
Tuolumne County. Milton Morse and
others had filed liens upon Matthew L. De
Adro's mining claim, and the lower court
allowed them under section 1183.
"De Adro had a farm of 160 acres upon
which he had sunk a shaft and discovered
a vein of auriferous gravel, but the land
was covered by an agricultural patent.
"Quoting from Judee Sawyer of the
Federal court, Judge Henshaw reiterated
the judicial definition of a 'mining claim'
as follows:
A "mining claim is the name given to that
portion of the public mineral lands which the
miner, for mining purposes, takes up aiid holds
in accordance with the mining law.
"He accordingly held that 'section 1183
does not authorizes lien for labor in work
ing a mine on lands held under an agriul
tural patent from the United States,' and
justified this view in the following:
Since the Legislature has seen fit to limit
the benefit of the lien to particular classes
(mining claims) we are not at liberty to
extend it to others. To do so would not be
construction but judicial legislation.
"This decision has just been placed before
the legal profession in the Pacific Re
porter."
Invented the Barometer.
The barometer wa3 invented by Torri
celli, a'pupil of Galilei, in 1643. In at
tempting to pump water from a very deep
well near Florence he found that in spite
of all his efforts the liquid would rise in
the pump stock only 32 feet. This set the
young scientist to thinking, and at he
could not account for the phenomenon in
any other way he was not slow in attribut
ing it to atmospheric pressure. He argued
that water would rise in a vacuum only
to such a height as would render the
downward pressure or weight of the col
umn of water just equal to the atmos
pheric pressure, and farther that should a I
heavier fluid be used the height of the col
umn could be much reduced. To prove
this he selected a glass tube four feet long,
and after sealing one end rilled it with
mercury and then inverted it in a basin
containing a quantity of the same peculiar
liquid. The column in the tube quickly fell
to a height of nearly thirty inches above
the mercury in the basin, leaving in the
top of the tube a vacuum, which is the
most perfect that has ever been obtained,
and which is to this day called the Tor
ricelli vacuum in honor of the discoverer.
The name of the instrument means "air
measure," and its fundamental principles
cannot be better illustrated than by tne
above-described experiment. — St. Louis
Republican.
Omdurman, the Khalifa's capital, has,
according to Slatin Pasha, a fluctuating
population of 400,000.
SUTRO'S GIFT FAVORED
Majority of the Affiliated Col
leges Committee In
dorse the Site.
_________
HOW THE EEGENTS STAND.
Dr. Colo Gives a Few Pertinent
Facts Relative to the Work
Accomplished.
There is apparently no loneer room to
doubt the presence and consequent influx
ence of the Southern Pacific in the com
mittee appointed to select a site for the
affiliated colleges. The corporation did
not reveal its hand until Sutro came for
ward with his generous offer, when there
was an immediate scramble on the part of
certain members of the committee to have
the Potrero Bite accepted.
First came objections to the way the
deed of gift was drawn, the claim being set
up that there were too many strings at
tached to the proposition. When this was
done away with and the site tendered as
an absolute gift these same members em
phatically stated that they would not con
sider the gift unless the affiliated colleges
were given the Bite set apart for the Sutro
Library. The wording of the deed of gift
was accordingly altered and the committee
was consequently forced to a discussion
between that and the Potrero property.
It was here that the Southern Pacific dealt
a blow that for a time promised to work
serious injury to the Sutro gift.
In the meantime the Southern Pacific,
or some one closely related to tne com
pany, was hard at work on the Potrero,
with a view of placing it on an equal foot
ing as regards cost, with the Sutro site.
First, they asked the State to pay $110,000
for the property, the money to be used in
purchasing the lots owned by individuals
within the three blocks proposed. This
sum was reduced $60,000, and an earnest
effort made at the time to gain the com
mittee's acceptance of the same. The
plan did not work, however, and so the
sub-committee asked for an extension of
time, expressing the opinion that a still
further reduction could be secured.
This committee made a report at the
meeting held Wednesday night, stating
that for $40,000 they could secure the prop
erty held by private citizens on York and
Hampshire streets. It was said that a
further reduction of $5000 could be secured
if the committee were given a little more
time, and for this reason it would ask that
no definite action be taken at that meet
ing. In spite of all this, however, there
was an evident desire on the part of the
committee to come to a final vote, but out
of deference to Judge Slack, the college of
law representative, who was absent, final
action was postponed for two weeks.
"I am sick, tired and disgusted with the
whole business," said Dr. Beverly Cole yes
terday, "and I shall make it a point to
bring the matter to a head at the next
meeting. The majority of the committee
are in favor of Sutro's offer, though I am
unwilling to give their names at present.
At first I was opposed to this property, be
cause of the conditions surrounding the
deed of gift, but as these objectionable
features have been removed one after the
other I consider it vastly superior to any
doctorlweany,
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ADDRESS,
737 Market Street, San Francisco, Cal.
thing yet offered, or that we could hope to
get.
"I have had maps of the two properties
made and estimates of the cost of grading
carefully computed. It would cost the
State not less than $60,000 to place the
Potrero site in condition for the buildings,
while on the other hand the Sutro proper
ty, or what is needed at present, can be
gVaded and filled in for $4000 or less. In
fact I would take it for that and make
money out of it. There are other possible
expenses, which would make the center
site cost the Scate anywhere from $100,000
to $150,000 without a lick of work being
done toward putting up the buildings.
For instance, in order to make this prop
erty available, it would be necessary to
close up two streets, York and Hampshire,
and it is not by any means certain that
this can be done without considerable cost.
The Supervisors might order them closed,
but the people have some rights and it is
questionable if an objection would not be
sustained by the court."
"Do you know exactly how General J.
F. Houghton, George T. Marve and A. S.
Hallidie, representing the board of Re
gents, stand as regards the Potrero and
Sutro sites," was asked Dr. Cole by The
Call representative.
"I am hardly prepared to state posi
tively," was the cautious reply. "I am
very much afraid that they favor the Po
trero property. Mind, I do not state this
as an absolute fact, but merely as an opin
ion gathered from their talk, and the po
sition assumed by them at various times,
and I would not pretend to say that they
are influenced by the Southern Pacific, for
I accord to them the same disinterested
motives as inspire the majority of the com
mittee in favoring the Sutro site. There
is a common belief, however, that the rail
road is exerting every means in their
power to defeat the Sutro site, though just
where this influence is being expended
none of the committee would be willing to
say, even if we knew."
Corrupting Novels.
The abnormal, sensual, depraved art and
literature of Eurooe is not new in its brutal
essence. It has existed as long as art and
letters. There never was a time when the
republic of letters did not possess its crimi
nal class, men and women who offend
against ail the laws of beauty and purity,
and therefore against the supreme law of
art. It seems that in England, at all events,
these criminals have at last got into good
society and they are pouring their filth into
ears that were made to listen to better
things. There was a long period iri the his
tory of English letters when those who
presented the moral slums in their books
or pictures worked frankly for the de
praved. The evil thing of which Mr. Quil
ter and those who agree with him com
plain is that the veil is withdrawn and
that the artist and society insist that any
life is worthy of presentation in a work of
art, and that art must not only deal with
the truth, but with all truth.
Art has no such function. Art may of
fend less when it preaches or tells a story,
or is literary, than when it tells in books
the truth that men and women do not talk
about with one another, or when it pre
sents life and discusses, subjects that are
hideous, revolting and fleshly. There is
no more corrupting thing in the world
than a story of depravity told
simply because it presents a phase
of life that really exists. When a
book with such a story goes into a
pure household where there are young and
innocent girls its author commits a crime
against that which is loveliest*and best in
all the world, and he earns the contempt
and anger of all good men and women.
The subjects of art should be beautiful and
elevating. We want nature and truth, but
we do not want nature in its meaner and
baser moods, nor truth which is a proper
object of police surveillance, unless, 'in
deed, the sodden truth is painted as the
black shadow of an otherwise beautiful
picture. — Harper's Weekly.
9