WEST IS ACQUITTED. The Jury Released Him After Being Out Fifty Minutes. HIS STRONG DEFENSE. He Scored Dr. Harvey and Vir tually Accused Him of the Crime. TUCHLER MAKES EXPLANATION How the Head and Body of Unfortunate Addie Gilmour Were Made Away With. Dr. "West has been judicially declared in nocent of the dreadful crime laid to his charge. He is at last a free man once again. Judge Wallace's courtroom, where the trial took place, was crowded all day yes terday by men and women anxiously awaiting sensational developments. Sen sations, properly speaking, there were none, and yet the la«t scene of the drama P:ing sensational development?. Sen is, properly speaking, there were , and yet the !a«t of the drama had about it a certain strange, unwhple some interest. Dr. Harvey's testimony was. doubtless what saved the defendant from the gravest danger of conviction. He stated that he had sent cases similar to that of Miss Addie Gilmour to Dr. West for treatment after operations had been performed. Dr. "West's contention was that Miss Gilmour's case was one of these t treatment after operations had been irmed. Dr. "West's contention was Miss Gilmour's case was one of these —in other words, that he had only endeav ored to relieve her of the consequence of her own or some one else's malpractice. • This point, which was made much of by Dr. 'West's attorney, evidently told with thejnry, and the Judge in his charge ad vised them that if Dr. West had treated Miss Gilmour for some abnormal physical condition, howsoever produced, he had only done his duty. Upon this point the jury's verdict hung, and Dr. West received the benefit of the doubt. When the doctor was called to the stand yesterday morning the most vivid interest was apparent in the crowded courtroom. He'beean his testimony by stating that Miss Gilmour had been sent to him for treatment by Dr. W. A. Harvey. An op eration had been performed upon her and .she was in great danger. Dr. Harvey asked him to take charge of the case on August 23 or 29, 1893. "He came to ray office at 132 Turk street," continued the defendant, "and said he had been treating Miss Gilmour, or Gould, for some time and was tired of the case and wanted to cet rid of it. He said he had no place to keep the girl, and thrt £he:dn't you send I. E. Jarrett to my office at 401 California street, to ask me to let up on you?" "Mr. Jarrett is my regular attorney and ; ray personal friend. I never sent him to you." '•Do you know that he came to my office ; on such an errand?'' "I don't know that I do." Dr. D. B. Plymire was called. "What did Dr. West ever tell you about this case?" asked Mr. Black. "Is that rebuttal?" asked Wilson. "I ask permission to put the question," said Black, and "Wilson withdrew his ob- . ; jection. "1 don't remember much about what he | ever told me," the witness answered, "but ; I I asked him once how he had treated the ' '. patient and he said he had operated upon i : her." "Did you ever hear Dr. Harvey tell Dr. West that he had better not stay here; i that he had better go away and wait until ; the trouble blew over?" "No, sir." As there was some doubt as to whether ' Dr. West had said Plymire was present j when that was said, court adjourned j , until Dr. West's testimony could be looked ! up. At the afternoon session a portion of Dr. j West's testimony on the former trial was ( i read by the court reporter. The extract i referred to the defendant's remarks con- \ rerning Miss (iould's disappearance and j Dr. Hiirvty's assertion that she had gone to San Jose. The doctor was a:ain placed on the • i stand, and testified that after being im- j j prisoned he had sent for Meyer Jacobs, i ' Mr. Jacobi had adviseit him to encage Mr. j '] Wilson as his attorney. Dr. Tuchler had j ! also visited him and expressed his ! i desire not to be mixed in the case. The I | defendant said he had kept silent in refer- ; I ence to Tuchler until Mr. Wilson advised i j him to mention his connection with the ! a flair. Some other witnesses gave testimony in \ : rebuttal, among whom was Miss Gilniour's father, who denied most emphatically i ; ever having hinted to Dr. Weot that his \ daughter might be livine in some disrepu- i tabie house. The testimony being all in, both at- ; j torneys agreed to submit the case without I argument. Judge Wallace then gave his charge to I the jury. His Honor stated that, not hay- ! J ing expected the case to be submitted j | without argument, he was hardly pre- ! j pared to address them; but prepared or , j not, the charge, substantially toe same as i i that given on the former trial, was dis.- ; ' tinguished by depth and eloquence. He i I said, after outlining the facts as adduced i by the testimony, that when a physician commits an operation upon a woman to i save her irom disgrace, whether she lives or dies, the pe^-etrator of the operation is THE SAN FRANCISCO CALL, FRIDAY, DECEMBER 27, 1895. by law made answerable for the crime of murder. The .Judge further charged the jury to weigh well the facts of the case and decide accordingly. If they found the charge against the defendant sustained they would have to rind him guilty of mur der in the second degree; if not, they must bring in a verdict of not guilty. A list of instructions held by Mr. "Wilson was also read. The fact of the operation itself was the thing to be proved, according to these instructions; and, furthermore, the jvirv must be satisfied, beyond all possibil ity" of a doubt, that West himself per formed the operation. Whether the de fendant cut up and distributed the body of Addie Gilmour or not could cut no figure in their deliberations. Also if they should find that Miss Gilmour had visited Dr. West after having had an operation performed upon her, either by herself or by some other person, they must recollect that his rieht, and even his professional duty, would be to relieve her by all means in his power. The usual intricate definitions of circumstantial evidence and of a reasonable doubt were carefully ex plained. After the departure of the jury Dr. West settied back in his chair and commenced to chat with his young wife and a youth vho joined them. The hands of the clock pointed to 3:15 as the jury filed out in charge of the court bailiff, and though it was rnmored that it would be long before an agreement could be looked for still the crowd lingered in the courtroom. After the lapse of fifty minutes the jury returned, bringing in a verdict of not guilty. A murmur of astonishment was perceptible throughout thocourtroom, and as the sense of the foreman's words dawned upon Dr. West his face crimsoned with a joyous flush. When he had been declared free of the charge against him numbers of friends advanced to press his hand; but, without losing much time, Dr. Eugene F. West, once more a free man, left the courtroom with his young wife on his arm. TUCHLER'S STATEMENT. He Tells How Addle Cilmour's Re mains Were Disposed Of— A Grewsome Tale. Dr. A. S. Tuchler, who was to have been a witness in the West case yesterday, and whom Dr. West charged with having dis sected the body of the unfortunate girl Addie Gilmour, was prevented from taking the stand by an urgent call from an oui of-town patient. When seen by a Call representative he was highly indignant at Dr. West's version of his connection with the affair, and in explanation cf how he became involved in it and in justification of his professional conduct therewith he told the following story of how he had assisted to dispose of the remains by throwing them into San Francisco Bay and how and why he had placed the wire encased head in the water near Lime Point. He said: Dr. West called on me nt midnight of Friday, September 8. He explained tbe ntiEeemly hour of hi> visit by stating that he was out on a ease and had stopped in to ask me if I would not like to help him dissect a cadaver. I replied that 1 wns very busy and could not very well take tbe time next day, as he requested. His not an infrequent thing for one physician to secure a body for scientific purposes and then invite a friend or friends to share the advan tages of a dissection. I further informed Jiim thai I would very much like to have ilie skull of his subject to complete h skeleton 1 had. as 1 had loaned mine nud it had never been re turned. Jle promised that be would save this one for me and suggested that I call for it the next day— Saturday. Accordingly I stopped in to Bee iiim Saturday afternoon, between s and t! o'clock. He had the bead all wrapped up for me in a piece of newspaper. I took it to my oflice, procured come wire-netting, Incased the head in it, and the next morning I took the fir«t boat for Sausalito and anchored the heiid near the Government weather gauge, near Lime Point. I was alone and returned to the City without delay, arriving there shortly be fore noon. At the time I got the head at Dr. West's oflice I saw him in the act of sealing two tin cans. He wrapped them in a newspnperand tied them up securely. He told me they con tained the remains of the body he had dis sected. He asked me if I would help him get rid of them by throwing them into the bay. I consented, and thnt night we took the last boat over to Oakland, got rid ot the cans during the trip and returned on the same boat. Remains of dissected bodies are sometimes disposed of in this manner in order to save the expense of burial, though it is the usual custom to have them interred by an under taker. I did not see West again till after bis arrest. I went to ask him if it was the l.ody of Miss <7ilmour lie had dissected that Saturday. At the time, 1 was under the impression the body was one he had procured nt the County Hos pital or the Almshouse. Dr. West, however, refused to talk to me about the matter at all. "Why did you not offer your testimony to the prosecution?" was asked. Before Dr. West's first trial my name was connected with the affair in the "newspapers, and I supposed that if the prosecution wanted mv they would let me know. I have always been ready to tell what I know about this case. I never had any doubt of Dr. West's innocence, Judging tbe matter from what he told me after he was confined in the County Jail. He said that the pirl came to him suffer ing from the effects of sorae one's malpractice. lit Mated that her condition when lie came into his office was such that it was a physical impossibility for her to go any further. Dr. West relieved her, and she then insisted on re maining under his treatment. Her death, as 1 was given to understand, was the result of her own carelessness. !»he was out of danger and well on the way tov.ard recovery when she went out of doors, cauirht a cold and brought on a fatal relapse. 1 have no unkindly feeling for Dr, West, for he was demonstrator of anatomy at the college from which 1 graduated; but l" regret that lie should have attempted to protect his profes sional honor by unnecessarily bringing my name into the case as he did. What was the object of taking the head over to Lime Point? His the custoru among students and those desiring to obtain bones in the best state of preservation to immerse then: in the bay. The action of the salt completely denudes them and leaves the bones in v condition to best re sist decay. To boil them softens aud weakens them. WANT AN EXTENSION Porter Bros & Co. to Ask Their Creditors for Time. MUST SUSPEND BUSINESS. The Result of a Stagnant Mar ket and Investing in Real Estate. TROUBLED BY THE WAR SCARE. With Assets Double Their Liabilities the Firm Is Unable to Realize Speedily. Porter Bros & Co. of .'515 Davis street will not open their doors to-day. This morning a note will be sent to the creditors of the firm calling for a meeting in order that an extension of time may be obtained. This meeting will be held at the ollice of Chickering, Thomas & Greg ory, 200 Sansome street, at 10 o'clock on Saturday morning. No trouble is antici | rated in getting the desired extension of i time, as the linn declares that its assets will be at least double its liabilities. The liabilities, it is thought, will not ex ! ceed $75,000. They may not be more than | $50,000. Some of the larger accounts are 1 soon to become due and to meet them would cause too great a sacrifice in the present congested state of the dried fruit market. This and the fact that the firm has been improving fruit farms in Fresno and Santa Clara are given as the causes of their ac tions by D. H. Porter. "I saw a half-dozen of our leading cred itors this afternoon after banking hours,' 1 he said. "They were very much surprised when I told them the step we were about to take, as the credit of our house has never before been questioned. When I explained the situation they ail said they would agree to the extension o! time gladly. "It is merely that we have not been able to realize on stock we have on hand. W<; ■ have a splendid fruit ranch of 176^' acres near Fresno and an 96-acre prune orchard near San Jose. We have put large sums into these, and they will not make us a return till next year. These ranches have used much of our ready money. "Then, too, we have branches at Fresno and Fowler in Fresno County, Armona in Kings County, and at Los Angeles. The packing-bouses ut Fresno and Armona we i own. At all these places and in San Fran ! Cisco we purchased largely and, of course, anticipated unloading largely durinz the last two weeks of December at good profits. "The war pcare has created a decided flurry in the financial world. This af fected the dried-fruit market. In fact, ab i Bolutely nothing has been done in our line I of business; there has been no movement ! at all during the last ten days. "Even it we were forced to sell our stock at once to meet obligations now becoming i due, we would he able to pay dollar fordol , lar. This would entail a sacrifice on us. ; The dumping of the great quantity of ' geoas we carry on the market would also be a heavy blow to the prices of dried fruit. "As every one knows, acre property i 3 | not selling. There is no demand lor it i even when it is planted to crops that in sure large incomes. At a forced sale, there ; fore, we would not get a portion of the ' sums we have put into our two plac.-s, both : of which will yield handsome profits in 1-. '„ "Thes 1 facts, I feel sure, will assure us every consideration from our creditors. As I have said we could pay them dollar for dollar to-morrow. Our stock alone more than covers our liabilities. Hut we would be forced to lose the profits accruing from : eighteen years' labor, close attention to i business and unvarying integrity." Porter Bros. . 11. and A. W. Porter. They are not connected in any way with Porter Bros., the green fruit shippers, the members of the hrni not being related. Porter Bros. »fc Co. is essen tially a State concern, having no branches outside of California. The firm started nineteen years ago as Porter Brothers it Wing. It "was then in ; the retail and commission business. A year later Mr. Wing was bought out. The firm then became Porter Brothers of art, suitable for the center- table, and a most appropriate Christmas pre»- £% jj\ ent. There is scarce'y a question that could be asked concerning Santa W W Clara County and its retourcos that is not fully answered. \JJ \fl It will be sent, expresiag* prepaid, to any part of the United &** ink States at the following rates: Bound in Bristol board, 75 cents per copy; O>L bound in leatherette, $1.25 per copy. : $% Wh'. Address' CH AS. M. SHORTRIDQE, . Wj : <$% San Jose, California. |/H of time will-be asked. As considerable money will be required in the early spring to properly care for the orchards of the firm, and as it will require at least three months to close out the lines of goods now held, it is probable that ninety days or even six months may be required. This will be definitely settled at the meeting to morrow morning. POOLROOM THIEVES. Three Ex-Convicts Arrestc-d for Reliev- ing Patrons of Their Diamond Scarfpins. Three ex-convicts, John Hogan, William Scott and Joseph Morris, were cleverly captured five days ago by Detectives Rey nolds, Campbell and Wren. They have since then been detained in the "tanks," but yesterday they were charged with their offenses. Hogan was charged with grand larceny, attempted grand larceny, vagrancy and petty larceny ; Scott with attempted grand laiceny and vagrancy, and Morris with attempted grand larceny and vagrancy. Last Friday they mixed up with the crowd in Hallinan's poolrooms on Ellis street and Hogan stole a diamond scarf pin from G. Smith, 21 Hanover ylace. The three attempted to steal a diamond pin from W. Smith, 230:2 Green street. Tney also secured a diamond horseshoe pin, which the detectives have recovered. The charge of petty larceny against Hc gan is for stealing an overcoat from the store of Iloos Brothers on Kearny street. Hogan has served three terms for grand larceny. He is a clever thief, and a week ago yesterday, while at the racetrack, tried to rob the paying-teller of one of the book makers. He went to the paying-teller's box and while engaging him in conversa tion secured a handful of gold coin and was slipping it in the pocket of his mack intosh when discovered. The bookmaker refused to prosecute him. THROUGH FREIGHT RATES Likely to Be Materially Affected by the Steamship Peace. No New Rates Established by the Pacific Mail Steamship Company. Copies of the contract signed on the lGth inst. in New York by the representa tives of the Panama Railroad Company and the Pacific Mail Steamship Company were yesterday received in this City by the local representatives of the contracting companies. R. P. Schwerin, general manager of the Pacific Mail Steamship Company, stated that the contract went into force on the day it was signed, but added that it would be some little time beiore new rates were made. He said that the matter was one that would be acted upon only after very careful consideration and that the Pacific Mail would only make the east-bound rates, the wesi-bound rates being made by the Panama Railroad Company in New York. "Will the Pacific Mail put on additional steamers on this side, now that the three vessels of the Panama Company are to be entirely withdrawn?" was asked. "That will depend on the amount of business that offers. Two of our steamers which have been plying between New York and Colon are now coming around to this side and will be used whenever there is business for them. They are the City of Para and the Columbia." To railroad men tho consummation and enforcement of this agreement means much more than a simple treaty of peace between the contracting parties. It has always been contended by the roads with : termini at Chicago that all overland ! freight rates to New York should be hig..er than those to Chicago, which is not and j has not been the case. The dissatisfied ! roads sec in the harmonious relations tuat '■. have been established between the com : peting water lines an advance in steam ship raiis between Hun Francisco and New Yoik, and with this advance t lie disap pearance of the excuse heretofore given for 1 making the same rates to New York that ! are enjoyed by Chicago. Whether there is to be a general readjust i ment of rates to New York will therefore ' depend on the new rates established by the steamship combination. As Mr. Huntington, however, has com paratively little to gain directly through ; the Paci'rie Mail Company by the agree ment he recently signed, it is generally presumed mat he had more in view the benefit that would accrue to his overland railways frutn an advance in steamship rates when he made the contract with the Panama Company. For this reason a considerable advance is anticipated in Bteamship rates. READY FOR THE FRAY. — — — — — — — — Money Being. Knpidly Accumulated to right the Railroad Fund-; iiig Bill. Within a low days the committee of fifty ■ formed to light the passage of a railroad funding bill by Congress will have the J necessary money to begin an active war- I fare on the railroad coiioits. Meetings of the various sub-committees arc beld each day, though thus far they have kept the results of their labors secret, for fear of beinp; checkmated by the cor poration. The members of the committee who have been canvassing for funds have met I with a very fair measure of success, though 1 the majority of those who subscribe to the S campaign fnnd request secrecy about the j matter for fear the railroad will adopt re i taliatory measure?. Mayor Sntro is keeping the wires hot with telegrams to Washington and the agents there, and says that he expects to have some hopeful news from the Nation's capital soon. HEW TO-DAY— DKT GOODS. Bargains in Millinery, You can buy Trimmed Hats, the very newest anrl latest style?, with the finest of materials, for $5, $7 50 and $10, that before the holidays would cost half as much again. Bargains in Dress Goods Marine Serges — 50c, 75c. Half Wool Heather Mixtures— 2sc. All-wool Fancy Plaids— 3sc. Before the holidays these plaids were 50c net, and you couldn't buy a yard I elsewhere for that price. The Storm Sergfs are the grandest values your money ever bought for the price. The Heather Mixtures are new. — Bargains in Flannels. j French Printed Flannels— 3sc. French Printed Flannels — 50c. New German Eiderdown Flannels— 2oc. Figured Corduroy Flannelettes— New Flannelettes, Justin— and 10c. This 35c quality of printed French Flannel is the identical that is sold • downtown at 65c ; so are the 50c grades. If $3 saved on a "Wrapper is an item worth considering see them. The 20c quality of German Eiderdown Flannel we never sold before to-day less than 50c. PHILADELPHIA SHOE CO, i STAMPED ON A SHOE MEANS STANDARD OP MERIT. HOLIDAY PRICES. Every penny saved on a purchase can be put to KOOd advantage at Christmas. We realize that fact and gunraiitee to save you from 25 cents to SI on every shoe or Slipper that you will buy at our store, i'rices speak louder thnn woras .Prices i speak for themselves, and our prices are the lowest in this city. In offering; our Shoes and slippers a t such low figures we do it as an inducement so that o'.-r customers and friends will not hesitate to walk around the Srrpckels fence. We are making a special drive on Ladies' Kleece-lined Crochet slip- pers. We have them in four colors— Black, Red, Blue and Pink— we will sell them for $1.00 A pair. That price proves that we are much Cheaper than our competitors. We also have a noveitv called an Eiderdown House slipper, which we will sell for $1 a pair. These Slippers are neat, stylish and keep the feet mrm, We have them in three colors— lced. Blue and Pink. If you have never sten those, slippers call and examine a pair. They are being sold elsewhere for $1 50. dhiJUi J^^l MAKE YOUR FEET GLAD. We have a complete line of Holiday Goods for Men. Women or Children, comprising Fancy Embroidered and Leather Slippers, Ladles' Fine B acfc Clotn, Fleece-lined Nullifiers, with fur trimming, which we sell forSI.SO. TheseNulll- flers are good filters, easy on the feet, look neat and are warm arid coiniortable. They are sold elsewhere for $2. HOLIDAY SLIPPERS. Our line of Holiday Slippers for Gentlemen can- not be excelled in this city. We have a Fine Km- broidered slipper, with patent-leather trimming, which we will sell for 75c. We also carry them for $1 and upward to the linest quality. Our lines of Men's Leather Slippers comprise Itussia Leather, Goatskin, Dougola and Alligator Skin, and range in price from i»l .■;.-» to S:i.oo. SI. 2 5 We are selling a Seal slipper trimmed with patent leather for : $1 25: also a lii.i) Imitation of alligator skin at the same price. MEN'S GENUINE ALASKA SEAL, LACE • OK CONGRKSS SHOES reduced to. S3. OO ' LADIES' STOKM RUBBERS reduced to.. 400 WE HAVE MOVED. Country orders solicited. KVSeuci for Sew Illustrated Catalogue Address . : . ■•'* • • B. KATCHINSKI, f'l 10 Third i Street, San Francisco. PHILADELPHIA SHOE CO* Bargains in Jackets, Last season's Jackets at $3 50. This season's Jackets— ss, $7 50, $10. If you're not a stickler for style, but want warmth, comfort and quality and four times your moneys worth, you'll be wise and buy one of them. Now' 3 the time of year we mark down. You buy a $7 50 coat for $5 and in a like ratio as you go higher up. I Bargainsin Ladies' Suits $3.50, $6, $8.50, $10. For goodness' sake, come in and buy them; they're awful cheap; the stuff that's in them's, worth more. Think of a Tailor-made Suit for $3 50; it would be cheap if it were made of paper. Bargains in Underwear. 75c. An All-wool Vest or Drawer— splen- didly woven Union Suit of Heavy Bal- briggan Maco Yarn— will greet you al this department. Bargains in Remnants. Thousands of them upstairs and down and all over the house, under-priced and very desirable. STATEMENT OF THE CONDITION AND AFFAIRS OF THE UNION CASUALTY AND SURETY COMPANY OF ST. LOTTIS. THE STATE OF MISSOURI, on the 31st day of December, A. D. 1894, ana for the year ending on that day, as made to the fa- ' surance Commissioner of the Btate of California, pursuant to the provisions of sections 610 and 611 of the Political Code, condensed as per blank rur- nished by the Commissioner. CAriTAX. Amount of Capital Stock, paid up in Cash $250,000 00 i ASSETS. I.on on Bond and Mortgage $172,000 00 Cash Market Value of all Stocks and Bonds owned by Company 25,000 00 Amount of Loans secured by pledge of Bonds, Stocks and other marketable - securities as collateral 285,250 00 Cash in Company's Office 127 61 Cash in Banks 28,320 99 Interest due and accrued 2,237 47 Premiums in due Course of Collection. . 177, 650 58 Total Assets $690,596 65 LIABILITIES. Losses in process of Adjustment or in Suspense.... $38,726 65 Losses resisted, including expenses 763 87 Gross premiums on Risks running one year or less, $688,V>36 71; reinsur- ance 50 per cent 344,118 35 All other demands against the Com- pany... 613 52 Total Liabilities...... *. $384,122 33 INCO3IE. Net Cash actually received for pre- miums $568,766 05 Keceived forinterest 18,551 3« Total Income $587,317 41 EXPENDITURES. Net amount paid for Losses $213,512 50 • Paid or allowed for Commission or Brokerage 179,932 31 Paid for Salaries, fees and other charges for oHicers. clerks, etc. 82,835 26 ! Paid lor State, National and local taxes 2.423 20 I All other payments and expenditures. 64,318 06 Total Expenditures........ .$503,071 30 Losses incurred during the year $253,002 03 C. P. ELLERBE, President. O. K. CLARDY, Secretary. Subscribed and sworn to before me, this 21th day of January, 1895. • WILLIAM I). MURRAY, Notary Public. TARPEY & KRIGBAUM, GENERAL AGENTS. 1 208 Saosome Street, San Francisco, Cal. THE LADIES' GRILLROOM OP THE PALACEHOTEL. A Delightful Place to Take Luncheon While on a Hol- i day Shopping Tour. RIGGS HOUSE, X^Tasliixigtozi, 3D. O. The Hotel" Par Excellence": ~ ! Of the Katiowu Capital. First class in all appoint- ments, v. UkWITT. Treas. American plan, $3 per day and I upward. . 5