The San Francisco call. [volume], December 28, 1895, Page 5, Image 5

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

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HARMON AND FOOTE IN A SERIOUS TANGLE
Misunderstanding Regard
ing the Intervention
Suit.
SOMEBODY IS IN ERROR.
A Pertinent Reply to a Pointed
Letter Sent to Wash
ington.
THE HUNTINGTON PROSECUTION
There Is Good Promise of the Matter
Again Going to the Grand
Jury.
Recent developments in connection
with the intervention proceedings brought
by the United States in the suit of the
Southern Pacific Company against the
Railroad Commission of this Btate would
seem to indicate that the Attorney-Gen
eral of the (Tinted States is not as familiar
with the important work of his department
a* tiie public gi nerally believe or that he
is endeavoring to shift the responsibility
for certain acts of the Department of Jus
tice to other shoulders tnan his own.
About two weeks ago George W. Mon
teith of this City addressed a communica
tion to the Attorney- General of the United
States, the full text of which was pub-
Jished exclusively in The Call of Decem
ber 15, It called attention to the alleged
failure on the part of United States Dis
trict Attorney Foote to properly press the
prosecution of C. P. Huntington on the
charge of having issued a pass to Frank M.
Mime in ontravention of the interstate
commerce law; recited the possession
of new evidence in the case whicti it was
claimed would insure the conviction of
Huntington, and suggested that special
counsel be employed to prosecute the case.
The letter then continued as follows:
You evidently have but little knowledge of
the conditions prevalent in San Francisco with
reference to the prosecution of cases iv which
the Southern I'aeific Railroad is interested. I
.•■ this from the fact that every move
ti.at has been made by your office during your
incumbency and during that of your predeces
sor, Mr. Gluey, in all tiie cases undertaken in
the Federal courts, both civil and criminal, in
which the railroad company is interested, has
1 een entirely in the direction of the interests
01 the Southern Pacific.
This is not said as a taunt or insult, but
merely as a self-evident fact borne out by the
record, and it is attributed to your ignorance
of the conditions that exist here, because it is
the only excuse that can possibly be made to
justify the course of your department in this
judicial district. Jf you have any doubt on
this proposition I will refer you to the most
recent action of your department la interven
ing in the Railroad Commission case on a
proposition where it was proposed to save the
railroad-ridden farmers of this State the small
pittance oi 8 percent, and where your depart
ment deliberately interposed at a time most
opportune for the railroad company, while it
has lain dormant for thirty years, during
which period of time Vhe Government's finan
cial interests in the Central Pacific Company
have been almost ruined by as scandalous and
bold-faced a species of larceny as was ever wit
nessed in a civilized community.
In other words, you come into that case and
say that the ability oi the railroad to pay the
Government will be affected by the proposed
reduction of freight rates, while you have t»>r
mined the Southern Pacific and Central Pacific
thieves to denude the road of its rolling stock
by the simple application of a paint brush, to
steal its land and subsidy and to run away
with a large portion of the proceeds of its bond
issues, not to mention the wholesale disposition
of immense portions of its daily income in
maintaining a corrupt political machine on the
one hand and a system of wholesale bribery on
the other.
When you refuse in terms or lay this appeal
in some convenient pigeon-hole, to be buried
in the dust of ages, it will be time to ask Con
•o investigate that strange influence that
always seems to control the Washington Gov
ernment in the interest of the railroad when
ever opposed to tnat cf the people.
To this communication of Mr. Mon
teith's came a reply yesterday as follows:
''Department of Justice, )
"Washington, D. C, Dec. 21, 1895. \
"George W. Montrith, Crocker ßuilding, San
f'ranci'co — Sir: I have just received your
letter of the 14th inst. It is couched in
most extraordinary terms, and, consider
ing that it is written to one who is an
entire stranger to you personally, and
almost a stranger officially, it makes
charges and assumptions against this de
partment which I might very well resent.
But I am here to discharge my duty, as I
understand it, and therefore prefer to con
sider the business suggestions of your
"As the Government prosecuted persons
who violated the laws in California durintr
the strike of 1894 it certainly has not de
clined and will not decline to prosecute
any others, no matter who they are, who
were shown by the developments of those
Cls to have violated the law also. But
have no reason to distrust the fidelity
fr. Foote to his sworn official duties, I,
ay. write to call his attention to the
latter and direct him to take such action
as ought to be taken.
*'I shall iiiquire into the matter of the
intervention of tiie Government to which
you refer, which was taken without in
structions from this department, and if it
shall appear to have been improper will
act accordingly. Very respectfully,
"Judsox llakmon, Attorney-General."
In view of the fact that this letter, while
expressing full confidence in United
Btstefl District Attorney Foote, stated
that he had been directed "to take such
action as ought to be taken" in the llunt
ington matter, and that the intervention
proceedings had been instituted without
instructions from the Department of Jus
tice, a call was made on District Attorney
Foote to ascertain the exact status of af
fairs in connection with these two most
important matters. Mr. Foote admitted
that he had received a letter from Wash
ington bearingon these subjects, and, also,
that he had prepared his reply, but de
clined to make fither public, on the
ground that they were on official business
of a confidential character. In reference
to the Huntington matter, however, he
Eaid :
"If they have any new evidence, such as
they claim to have, and which is alleged
to be sufficient to convict Mr. Huntingtnn,
the matter can be and should be brought
before the United States Grand Jury. It
does not lie with me to initiate the prose
cution for such an offense. It lies entirely
with the Grand Jury, which must first in
vestigate the circumstances and then file
an indictment. When the case comes to
trial my duty begins, and 1 shall certainly
periorm it fully in this case, as in all
others.
"So far as the intervention proceedings
in the railroad case are concerned, I had in
structions and full authority from the De
partment of Justice to begin them, though
I am not at liberty to divulge the contents
of ;he letter containing this information.
The letter was not signed by the Attorney-
Geoeral himself, but by Holmes Conrad,
who was then acting Attorney-General
and who is now Solicitor-General, and
who on .that occasion wrote for the Attor
ney-General. It is probable that the At
torney-General has not examined the tiles
to see whether this letter was written or
not.
"I may add that before the intervention
matter was heard before Judge McKenna,
Attorney-General Fitzgerald demanded to
see nay authority and instructions for
bringing the intervention suit, as he had a
right to do under the Throckmorton deci
sion, being a party to the suit, and 1 sub
mitted the letter to him and to two of his
associates in the case, Judge Havne and
W. W. Foote.
"When Attorney-General Fitzgerald sub
sequently went into court he stated that
he had seen this letter of instructions, the
contents of which, however, were not at
that time divulged."
From another source Mr. Foote's state
ment regarding the letter of instructions
was fully confirmed. It was 'earned that
the letter bore date of November 7, lS!). r >,
and was of considerable length, but th.it
one clause was admitted to convey explicit
instructions to act in the matter. This
clause, as remembered by the gentleman
from whom the foregoing facts were ob
tained and who was undesirous of having
his name made public, reads as follows:
'"You will please appear for the United
States by such form of pleading as in your
judgment wUI best serve to secure to them
such rights as they may have in the sub
' ject of this suit and to protect them against
loss and injury."
PIONEER OF PLYMOUTH
Dr. Boyson's Mine on the Mother
Lode Has Been Incor
porated.
KENNEDY MEN SHAREHOLDERS.
Another Abandoned Mine of Early
Days That Promises Big
Returns.
A deal has lately been made that means
the opening up of another big bullion
producer on the mother lode.
Dr. Thomas Boyson, one of the largest
stockholders of the Kennedy and one of
the men who put a big fortune into that
mine before a ton of ore was crushed, has,
with several of the shareholders of the
Kennedy, formed a corporation for work
ing the Pioneer at Plymouth, in Amador
County, which he has been handling alone
for several years. The 500 and 600 foot
levels will be opened up immediately. The
history of the Pioneer is similar to that of
the Kennedy. It was opened early in the
'50's by Mr. Hooper, whose sons are now
leading lumbermen in this City, and was
worked down below the drain tunnel until
the heavy cost of handling water in those
days and imperfect milling caused its
abandonment. The ore had become richer,
however, as they went down.
When Martin A Ballard started ud the
New London mine at Plymouth they gath
ered in ail the mines adjoining, including
the Pioneer, which they did not open up.
When they gave up the New London and
went over into Tuolumne County to open
up the now famous Kawhide they sold all
these mines to Dr. Boyson.
In the spring of 1893 Dr. Boyson began
work on the Pioneer and has since ex
l>ended a large amount of money in devel- |
oping it and putting up a twenty-stamp j
mill. A shaft was sunk to the 400- foot I
level equipped with a large steam hoist. !
The ore which has been milled was i
partly of high grade, as rich as from the
old workings, but not sufficient to work
alone. In addition to this an extensive |
l^dge of low-grade ore came i:i on the .51)0
--foot level, when did not pay for milling,
but on the 400-foqt level everything taken
out went to the mill.
In all these operations Dr. Boyson had
spent a large amount of money, and before
the mill began to yield, realizing that the
undertaking had grown too large for one
man to handle, he accepted a proposition
last summer to sell the mine to a French
syndicate on a short bond. He went over i
in October to conclude negotiations, which i
were satisfactorily arranged, but between |
his departure from Paris and his arrival
here the big panic in the Paris exchange
came on and the Parisians defaulted in their
payments.
On tLe suggestion of some of his old
friends in the Kennedy Company he in
corporated the mine and disposed of one
fourth of the stock to them. The mine is
now being run as a close corporation with
some big names on the board of directors.
They ar*: Ex-Judge John Currie; John
Barton, president of the Kennedy; I/ouis
Reichlinjr, secretary of the Kennedy;
George Goodman, a director in the same
company, and Dr. Thomas Boyson. The
mine is in charge of Robert Robinson, a
well-known mining engineer.
THE JOURNEY OF A RABBI
Rev. A. E. Hirschowitz's Trip to
Japan to Perform a
Ceremony.
WILL DIVORCE RICH PEOPLE.
He Went Away in the City of Peking
on a Remarkable
Mission.
The one topic of all others in orthodox
Jewish circles during the past week has
been the mysterious journey of Rabbi
Abraham K. Hirschowitz to Japan. The
reverend gentleman left this City on the
City of Peking December 21, without hav
ing taken a formal farewell from his con
gregation, though he had received a tem
porary leave of absence that enabled him
to visit the Orient.
Rabbi Hirschowitz is the pastor of a
strictly orthodox synagogue on Mission
street, the congregation of which is not
blessed with an abundance of this world's
possessions. As he himself, and, indeed,
as his people do admit, tne really orthodox
Hebrews are nearly exclusively composed
of the poor of their race who faithfully ad-
THE SAN FRANCISCO CALL, SATURDAY, DECEMBER 28, 1895.
here to old forms of worship, without the
introduction of innovations of any kind;
so the rabbi is not an opulent divine, fa
miliar in society.
Yet he traveled to Japan in style befit
ting a man of wealth accustomed to
luxury, for he occupied a selected state
room on the tine steamer, and gave evi
dence of having command of considerable
money on his departure.
This fact impressed iiself on his friends
and caused all the more speculation, since
it was known that their rabbi could but ill
afford tv make such a long journey in
luxurious fashion. Questioning availed
little. The purpose of Rabbi Hirschowitz's
trip was kept secret from his congregation,
even from his friends; although it has
since transpired that he went to the Orient
to perform a ve?y important function of
his oflice as Jewish rabbi.
But what that ceremony was could not
be ascertained by those who knew of the
rabbi's going away. Every movement in
connection with tile matter was studiously
clouded in that direction. Some had it
that he was called across the wide ocean to,
marry a wealthy couple in the Mikado's
kingdom — a couple wuo would not accept
the civil marriage by the United States
Consul-General at Yokohama as binding,
or in fact a marriage outside the church at
all. This was an ultra-orthodox view, and
it found many ready adherents.
The truth was, however, quite opposite
from the generally accepted belief.
Rabbi Hirschowitz was taken to Japan
to perform a divorce according to the
tenets of the strict orthodox observance.
So much is certain, but who it is that seeks
the divorce is a mystery here.
It is known that the interested married
couple dwell in Yokohama, that they are
very wealthy — even millionaires — and that
they would not accept a divorce from the
bands of the United States Consul-General
in that city, although his powers are tan
tamount to those of the Federal courts in
the United States. A civil separation wae
not enough in their eyes; it should be
strictly in line with their religious convic
tions.
So they secured the services of an ortho
dox rabbi, of whom the most accessible to
Japan was nearly 5000 mile 3 away, and
paid all his expenses and undoubtedly a
handsome round sum in addition for his
I lime, trouble and services.
That the United States consular decree
of divorce should not have been accepted
is regarded here among Jewish people as
extraordinary, since a civil divorce is usu
ally taken by members of the Hebraic faith
in America. For that reason, too, it is sur-
I mised that the couple in Japan belong to
I the ultra-orthodox church, and possibly
are Russian Jews.
Miss Hirscliowitz, a daughter of the rabbi,
stated last ni^ht at her home, 51 Langdon
street, that her father had cone to Japan
on private business and would possibly re
turn on tne next steamer leaving after the
arrival oftheCityof Peking at Yokohama.
"He has uone there to divorce v married
couple?" she was usked.
"Well, you know as much as myself,"
the young lady remarked, smiling blandly.
"These people would not take a civil
divorce?"
"No, it will not be accepted by othodox
Jews. You know othodox Jews could not
marry again unless divorced by their
rabbi— otherwise it would not be a divorce
at all."
Further than this she would not discuss
the matter, explaining it was confidential
with a few friends in San Francisco.
Fractured His Skull.
Louis Pt. Amunt, a North Beach resident, was
treated ai the Receiving Hospital yesterday for
a fractured skull. About 4 o'clock he boarded
a Powell-street car, and when the conductor
called for fares St. Amain, who was intoxicated,
refused to pay. Gently, but forcibly, the con
ductor ejected him from the car, when he mad.c
for the sidewalk, falling just as he reached the
curb, lie will recover.
JOHN SULLIVAN'S ESTATE.
Incorporation of the Heirs of
One of the Earliest
Pioneers.
FAMOUS IN MINING HISTORY.
Was the Founder of the Hibernia Bank
and a Very Charitably Disposed
Man— The Estate.
The heirs of the late deceased capitalist,
John Sullivan, tiled letters of incorporation
yesterday afternoon. The property is
capitalized at $1,000,000. with 10,000 shares
at $100 each. The articles are signed by
Francis J. Sullivan, Charles A. Sullivan,
Ada K. Sullivan, Belle Sullivan Turner,
Henrietta Sullivan, Frances V. Sullivan,
Georgia B. Sullivan, Emmet V. Sullivan
and Mary Pigott. All are children of the
late capitalist except Mary Pigott, who has
been their guardian.
The property of the corporation embraces
valuable land in San Francisco, San Mateo
and Santa Clara counties. It preserves
the estate of one of San Francisco's very
early pioneers.
John Sullivan came to California in
1847 from St. Joseph, Mo., by way of the
Truckee Pass. He settled in San Fran
cisco and bought real estate. The title
deeds of his two tifty-varas on the corner
of Pacific and Dnpbnt streets bear the
date of 184t>. When gold was discovered
he located at Sullivan's Creek, Tuolumne
County, which rich claim he discovered.
Bancroft states ttjat in one day he made
$20,000 by mining. He opened a store at
that place and sold merchandise at fancy
prices. All the profits he invested in Ssm
Francisco real estate. With riches came
benevolence and charity. He was a
devout member of the Catholic church
and gave liberally to its cause. lie
assisted materially in building old St.
Francis Church on Valicjo street. 1 It
gave the lot on California street where the
old St. Mary's now stands.
He bought and deeded the site of the
present Palace Hotel to the Catholic Or
phan Asylum, lie built, as his books
show, the old St. Patrick s Church for
$10,'i00. This old church, now known as
Holy <"ross Church, stands on Eddy street,
near Scott. To the Presentation Convent
and the Sacred Heart College he con
tributed liberally. A. B. McCreery also
donated five blocks of land, part of the
Perry ft Edwards Tract, to Calvary Ceme
tery. In fact he was foremost in all chari
table works. Nor did he neglect financial
matters. On April 2, 18a«), tie organized,
with Robert J.Tobin, William McCann,
John C. Horan, I>. J. O'oalla«han, Michael
Cody. N. K. Masten, John Mcl, 0. D.
O'Sullivan, James Ross, Edward Martin
and John Mclliigh, the now celebrated
Hibernia Savings and Loan Society. He
became its first president, John Mcflugh
vice-president, John Mcl treasurer and
Richard Tobin attorney. It was then a
stock institution, with a capital of $000,000,
divided into 0000 shares.
If he had done nothing else his name
should be cherished by tne people of small
mean?, as the great institution has been a
rock of safety for depositors from that
time to this. The eldest son is ex-Senator
Frank J. Sullivan. After thirteen years
and over as executor of his father's estate
he relinquished his great trust and the
estate of one of the very earliest (f the
pioneers was divided among his heirs-at
law, to be preserved, as above stated, in
the Sullivan Estate Company.
The most remarkable woman in politics
in Japan is Mme. Hatoyama. When her
husband, a leader of the progessionist
party, ran for Parliament she took the
stump and made speeches in his interest —
a very extraordinary thing for a Japanese
lady to do. She is now a teacher in the
academy of which her husband is princi
pal.
THE CHILD IS REACHING OUT FOR HIS OWN
A Contest Is Made of the
Will of Mrs. Mary
B. Toland.
HER LITTLE GRANDSON
William Gridley Toland Believes
He Has Been Treated
Unjustly.
WANTS HALF OF THE ESTATE.
Testatrix Is Said to Have Been Unsound
of Mind When She Wrote
Her Will.
Mrs. Mary B. Toland, the widow of the
late Dr. H. H. Toland of the medical col
leire of that name, died at the ripe age of
75 years on November 14, 18l»5, at the Occi
dental Hotel. She left an olographic will
which is peculiar to say the least, and which
forms the oasis of a notice of contest
which was tiled yesterday in the Superior
Court. The case has been assigned to
Judge Slack.
Mrs. Mary B. Toland, by a former mar
riage to a Mr. Gridley, who is now dead,
had a son. The latter, when his mother
remarried, adopted the name of li is step
father, and was well known in society in
this City as Dr. Charles Gridley Toland.
By her second husband, Dr. H. H. To-
LITTLE WILLIAM GRIDLFY TO!. AND, WHO IS CONTESTING THE WILL OF
MRS. MARY B. TOLAND.
[1-roui a photograph.]
land, Mrs. Mary B. Toland had a son, who j
is now a prominent actor on the American I
stage, His name is Hugo Toland.
Some seven years ago Dr. Charles Grid- '
ley ToJand married Miss Trella Foltz, and
a short time before his death from heart
disease, the couple were blessed with a lit
tle boy who is now about *i years of age
and who is the contestant in the will case.
This leaves, therefore, but two heirs alive
of tlio late Mrs. Mary B. Toland, one her :
son, Hugo, and the other her grandson, j
William Gridley Toland, who, in accord
ance with section I.SSI> of the Civil Code,
are entitled to an equal division of the
estate, which is valued at over 1200,000.
The specific section measuring the rights
of the contestant provides:
If the decedent leave no surviving husband
or wife, but leave Issue, the whole estate goes
to said issiif; and if such issue consist* of more i
than one child living, or one child living and '
the lawful issue of one or more deceased chil
dren, then the estate goes in etjiial shares to
the children living, or to the child living, and
the issue of the deceased child or children by
right of representation.
The will left by Mrs. Mary B. Toland, as
may be seen, shuts off the grandson with
but $2000, on the ground that testatrix had
already given the child's father all the es
tate of her deceased hrst husband.
Here is v verbatim copy of the odd will:
The last will and testament of Mary B. (M. )
Toland.
Being In perfect health and of sound mind
I, Mary Bertha Toland (the extra \'M." in my
signature was added when my rithmic works
were published, with initials), Make, publish
and declare this to be my last will and testa
ment. . Should my death occur before the ex
piration Oi the leases of my landed estate, I de
sire the iirin of E. 15. Mastick Esqr. and his
partners to receive all rents, So soon as the,
leases ol rented lpnds are canceled, l desire
the land to br sold High lands ana tales with ;
all improvements to the best advantage. Hugo
linger Toland liny .son) to receive one half the
money— also all my works of Hrt Library— with ;
curio, and tapestries, gathered during our '
travels. The remainder of the money after all
debts have been j>aid I will one thousand
dollars to Edwin 13. -Mastiet hsi|r. lor his ever
kindly professional advice with the nope that
lie wril accept it as his just due, and that the
firm will pay themselves for settling my estate.
The Toland vault at Laurel Hill Cemetery 1 j
wish to be provided with a sum for its care !
through future years. -The remainder of the :
mouey, after all indebtedness has been paid, i
I will give: $500 to Grace Cbnrcn for pew Xo.
20, to be kept for my son and members of my
family; to William ri.i ley Toland, the son of
Dr. Charles Gtidley Toland, who took my
husband's name after my marriage (now dead),
he being my son by a former marriage, 92000,
as 1 had given to Doctor Charles all his father's
property, including my share; to Mary J. Kail
I will msOOO, together with all my wardrobe,
that sin* may dispose of them as she. sees |
tit, for I trust to her noble, genial nature;
To the San Francisco Art Association Mark
Hopkins Institute of Art I will the original
pictures of my published books— tht> in
come from my works— published by Messrs. J. ,
B. Lipuincott Co., and hope to leave my Manu
scripts in form that they may be able to pro- i
duee much better books than those already I
published. After all the above has been ar- ;
ranged— Of the remainder— l will— share and I
share alike —to John \W. C. Morrison — and I
George Hugh Morrison (my brothers) and to
the family of my two sisters (both dead) 1 will
four shares and each share alike. To the tirni ;
of K. B. Mastick I commend all minor details. |
May God bless^and direct them in the right j
v. ay. . ~; Mary Bertha Toi.and,
Occidental Hotel, Ban Francisco,
' October 15, 1595.'
Witness, Geo. X. 1 Hooper.
Subsequent to his mother's death, no
executor being named in the will, Hugo
Toland filed a petition in the Superior
Court for the probating of the testament.
Mrs. Trella .Toland. the mother of the
contestant, wired from New York, where
she is with her son, engaging Dclmas & j
Shortridge ; as her attorneys," and placing I
the boy's interests in their care, and on
the 17th of this month they were ap
pointed his attorneys. They prepared the
following papers and tiled them yesterday
morning in open court: *
In the Superior Court of the State of Cali
fornia, in and for the City and County of San
Francisco.
In the matter of the estate of Mary B. To
lfuid, deceased, opposition of William Gridley
Toltind.
To thr Honorab'e Superior Court of the State
of California: Comes now your petitioner,
William Gridley Toland, by I)elmas & Short
ridge, his attorneys, and respectfully shows to
this court Hint :
I.— Mary B. Toland died intestate on the 14th
day of November, 18!t5, in the City and County
of San Francisco, State of California, being a
resident of said City and County, and leaving
an estate consisting of real and personal proj>
erty therein and elsewhere, of the exact value
and locution of which your petitioner is unin
formed.
ll.— Mary B. Toland left surviving her no
husband, nor any issue nor descendants of any
issue, except Hugo 11. Toland, the son of said
decedent, and your petitioner, William Grid
ley Tolauu, who is the only son and heir ot
Charles Gridley Toland; said Charles Gridley
Toland was the son of decedent and died prior
to the death of said Mary B. Toland ; as the
son of said Charles Gridley Toland, deceased,
and the grandson of said Mary B. Toland, de
ceased, your petitioner is entitled to one-half
of whatever estate of which said Mary B. To
land died possessed, and is a person interested
in the estate of said Mary B. Toland, deceased,
and entitled to appear herein and to contest
the probate ol any and all documents purport
ing or alleged to be the will or testament of
said deceased.
lll.— Your petitioner is a minor. On the
17th day of December, IS9.>, Delmas & Short
ridf*e, attorneys and counselors of this court,
were, by an order duly made and given, ap
pointed attorneys for your petitioner and he
appears by said attorneys.
IV.— Your petitioner is informed and be
lieves, and on such information and belief
alleges that on the 29th day of November,
L 895, a document was filed in this court by
said Hugo H. Toland, with a petition claiming
that said document was the last will and testa
ment of said Mary B. Toland, deceased, and
asking that the same be admitted to probate as
Mich and that letters of administration with
the will annexed be issued to said Hugo H.
Toland.
V. Your petitioner is further informed and
believes, and on such information and belief
alleges that:
(a) The said document so offered for probate as
the last will and testament of said Mary B. Toland,
deceased, was not subscribed by the suid Mary B.
Toland.
(0) That t lie said document was not subscribed
by any other person in the presence or by the
direction of said M:iry B. Toland.
(r) That the alleged subscription of the said
Mary B: Toland to saiil document was not made in
' the presence of (Ji-orxe K. Hooper, the alleged wit
ness to said subscription, nor In the presence of
any other person or persons. .
(<l) That th^ alleged subscription of said Mary B.
Toland to said document was not acknowledged by
her to the alleged subscribing witness thereto, or
to any other person, to have been made by her or
by her authority.
(<•) That at the time of the alleged subscribing
and alleged acknowledging of said document, the
.said Mary B. Toland did not declare to the alleged
subscribing witness, or to any other person or per
sons, that the .-aim? washer will. . -
(f) That the nald document was not signed by
saM (ieonte K. Hooper, the alleged subscribing
witness, or by any other person or persons, at the
request of said Mary B. Toland or In her presence. '
(</■ That the said __,ment so offered for pro
bate as tli- _«& will unS ustamenl of Mary B.
Toland, (U^ .>d. was and is >Su; her last will: and
was do) <vuolly: nor at all wrrtten or dated or
signed f y the hand of said Mary B. Toland.
Long prior to and at the time of the al
leged signing of said document go offered for
prooate as the last will and testament of said
Mary B. Toland, deceased, she, the said Mary
B. Toiand, was not of sound or disposing mind.
but whs wholly incompetent to mate any will
or testament.
VI — Your petitioner is informed and be
lieves and, on such information and belief, al
leges that at the time of the alleged signing of
the said document admitted to probate as
aforesaid, the said Mary B. Toland was not free
from duress, menace, fraud orundue influence,
but she, the said Mary B. Toland, was acting
under the restraint, undue- influence and
fraudulent representations of various rela
tives of said decedent and of other per
sons whose names are unknown to your
petitioner and whose names he prays
that he may be permitted to insert
herein when he has learned the same; that
such duress, menace, fraud and nndue influ
ence were exercised to the extent of destroying
the freedom of mind and election by said de
cedent, so impairing her faculties and judg
ment, so prejudicing her mind and perverting
her purposes, as \ to prevent I her from making
any will or testament, and to cause her to un
justly and injuriously attempt to impair the
rißhts and interests of your petitioner by the
alleged making and alleged publication , ot
said document. ; •
Wherefore your petitioner prays that said
document, purporting to be the last will and
testament o: said Mary B. Tolan, • deceased,
offered for probate herein, may be denied pro
bate, and that the same may be by this court
declared not to be the last or any will or testa
ment of said Mary B. Toland, deceased, and for
such other relief as may be meet in the prem
ises. \\'i i.i.i am Gridley Toland, Petitioner.
DELMAS it SHORtKIDGE,
Attorneys for Petitioner.
Duly verified by Samuel M. Shortridge. ,
Mrs. Trella Toland, in turning her
child's case over to Messrs. : Delmas &
Shortridge, reauested of them that in so
far as they could waive the rights of the
boy to leave undisturbed the . legacies to
the Hopkins Institute of Art and to Grace
Church.
pon filing their opposition to the pro
bate of the will the contestant's attorneys
demanded a jury trial, which was granted.
But as the affairs of the estate require at
tention no objection was made to the ap
plication of Hugo Toland for special letters
of administration.
The court ordered that the $2800 belong
ing to the estate and now in bank be held
there until further .-.<■ consideration; also
that the administrator hie bonds in : the
sum of $1000. . The remainder of the estate
is nil in real estate, consisting of 4000 acres
of land at Toland's Landing, in Suiano
County.-" ___________
Kitgene Field's Joke on Xli Perkins.
One of the earliest of " Eugene Field's
jokes was played on Eli Perkins. Field
i was a reporter on a St. Joseph paper. EH
I came along to deliver a lecture. He called
on Field and asked for a newspaper notice.
He expected a column at least, but next
morning lie simply read : "As Eli Perkins
will lecture here to-nisrht all the railroads
have arranged to give excursions out of
town at greatly reduced rates.'' Perkins
was wild, supposing some great injury hud
been done him, but instead the paragraph
attracted so much attention that he had a
crowded house.— Current Literature.
A REMAEKABLE HORSE.
Could Round Ip Game and Also Point ,
JT.ike :i Dng.
"I had a horse," said an •Vitl army man, !
that belonged once to the Seventh cavalry,
but he had the 'I. C brand under his j
mane, so he was cut of service. Insoected
and condemned. He was a regular old,
ping, but he was all I could get to go hunt
ing on, so 1 took him. I rode away out !
into the plains from the fort, and I saw a
hunch of antelope finally.. I got off the
horse and dropped the reins on the ground,
expecting the horse to stand there until I
came back. I started off toward the ante- !
lope, and was sneaking along to jiet a shot,
when I looked around, and I'll be blamed \
If that brute of a horse hadn't started off ;
as ticht as he could lope.
'■ 'Well,' says I, '1 guess I'm in for a six
mile tramp home.' 1 cursed that horse to i
myself for awhile and then I went on. i
Pretty soon I looked up, and I'm blessed :
if there wasn't that horse over on the '
other side of that bunch of antelope, ;
'Well, now,' says I, I'd like to know what
that horse thinks he's up to, anyhow.' j
Ptetty soon he began to circle around on j
the other side, and the antelope saw him, \
and started toward me. I caught on at
once, and I lay down and waited. The old
horse cut up the most surprising antics
I out there, and ali the time lie kept work
ing those antelope toward me. J'.y and by
they got in range, and I got two — good
luck it was, too. You see, that horse was
i an old Indian hunting pony, and he had!
i been trained to do that "way. Well, I
I went back to the post, and everybody
! wanted to know how it happened I had
1 such good hick, but I didn't tell them.
"A few days alter I took that same horse
out after prairie chickens. It was the
time of the year when the chickens were
flying, and 1 was riding along, when all of
I a 'sudden the ciitter stopped short, braced
himsell up and waited — for what, I didn't
know. Hut in a second a couple of chick
ens flew up ahead of me. and I was so sur- j
prised I didn't shoot. 'Well,' says I, 'I'll
[>c switched. Here's a horse that's not
only a hunting horse, but is a regular
pointer dog, too.' And he was. I got my
gun ready, and the next time he stopped I
was rigiit on hand and dropped a bird.
Well, no sooner did the horse see that bird
fall than lie galloped off right to where it
fell, and all 1 had to do was to reach off
and pick it up. He was a great horse, I
tell you, and I got lots of good hunting
with him."— Field and Farm.
The Bismarck Tower in Goettingen,
where the Chancellor studied and fought
his thirty-one duels, ia fast approaching
completion. Germans from all over the
worid are aiding in its erection. A few
days ago two jjitrantic blocks arrived at
Goettingen from this country, one of them
New York and the other from San Fran
cisco.
. I — ♦ — - — •
The ring oi Edward the Confessor is
preserved anionp the royal regalia of
Great Britain. For several centuries it
was used in the coronation ceremonies of
the English kinps.
NEW TO-DAY.
i
KNOWLEDGE
Brings comfort and improvement and
tends to personal enjoyment when
rightly used. The many, who live bet-
ter than others and enjoy life more, with
lea expenditure, by more promptly
adapting the world's best products to
the needs of physical being, will attest
the va'.ue to health of the pure liquid
laxative principles embraced in the
remedy, Syrup of Figs.
Its excellence is due to its presenting
in the form most acceptable and pleas-
ant to the taste, the retreshing and truly
beneficial properties of a perfect lax-
I ative; effectually cleansing the system
dispelling colds, headaches and fevers
and permanently curing constipation.
| It has given satisfaction to millions and
met with the approval of the medical
profession because it acts on the Kid-
neys, Liver and Bowels without weak-
ening them and it is perfectly free from
every objectionable substance.
Syrup of Figs is for sale by all drug*
gists in 50c and SI bottles, but it is man-
! ufactured by the California Fig Syrup
I Co. only, whose name is printed on every
package, also the name, Syrup of Figs,
and being well informed, you will nou
! accept any substitute if oftereo.
j[ :"' ■;■■•■• ?
wasningion s uayg
By Woodrow Wilson ®
Beautifully Illustrated by Howard Pyle and Others '«
'■■= - "vi.
The first of a series of papers in which there is presented a £ ;
new interpretation of that period which was at once the frui- kL
I'^** English' Washington's Day]|
By Woodrow Wilson X
Beautifully Illustrated by Howard Pyle and Others
The first of a series of papers in which there is presented a
new interpretation of that period which was at once the frui- JR.
tion of the English Colonial culture of America, and the be- V
ginning of a New Nation. (£$
f,Part 11. of BRISEIS, William Black's New Novel ■ W
Illustrations by Smedley *"*•«—> "fi
fj§ Second paper of £
*| ON SNOW-SHOES TO THE BARREN GROUNDS : >
5 By Caspar W. Whitney W,
fl Illustrations by Remington . ' i j
9 IN &
I HARPER'S IVIACAZINE I
M For January > j
Iw Other attractive features : |§$
*j LONDON'S UNDERGROUND RAILWAYS. Illustrated by §
,Vj Joseph Pennell.— STORIES by Elizabeth Stuart Phelps, Julian ijf
Mi '" Ralph, etc., etc. . " *
IM' 15 Centt a Copy. Now Ready . . ■ i $4 oo a Year. , fi
♦ HARPER ft BROTHERS, Publishers, New York. - *?
WOULD-BE
And "Has-Beens" Are the Melan-
choly Fates of Too Many of Our
:: Younger Generation.
If you have erred in youth, if your eyes
lack luster, if you have used your system
, up, if you have disordered your liver or
misused your kidneys you should take the
Great lludyan. You can get it for certain
diseases, but you must first make applica-
tion to the Hudson Medical Institute.
Hudyan cures certain forms of liver and
I kidney affections, impaired vitality and
I loss of strength, Hudyan is eilicaciom
j where other remedies have failed.
Hudyan will lijiri MSB shattered nerves
atop the waiting Bj|;. sH Hudyan is •
away of tissue flj |j-'w W powtl when
and will build "P Blii'-JSB rightly used,
the nervous sys- §};!?:': ljjra You must send
tern. lludyan BJIN-pSJ for circulars and
strengthens, in- l!l&j]!aB testimonials of
vigorates and l |{«Ih| the Great Hud-
tones the entire Ew^'sal yan. Write to
system. Hudyan ai] k'Wffll the
cures certain sPitt fix
forms of lost S;Hi»l:aE» HUDSON
manhood, certain Hj'i^ijnH MEDICAL "
peculiar cases of tM|j|3| INSTITUTE.
■ /-
TAINTED BLOOD— lmpure blood, due
to serious private disorders, carries myriads of
sore-producinpr germs. Then come sore throat,
pimples, copper-colored spots, ulcers mouth,
old sores and falling hair. You can save a trip
to Hot Springs by writing for "Blood lioot" to
the old physicians of the Hudson Medical In-
stitute, Stockton, Market and Ellis streets.
LIVER— When your liver is affected yon
may feel blue, melancholy, irritable and easily
discontented. You will notice many symptoms
that you really have and many that you really
do not have. You need a good liver regulator,
and this you should take at once. You can get
it from us. Write for book on liver troubles,
"All About the Liver," sent free.
. HODSOI MEDICAL INSTITUTE,
Stockton, Market and Ellis Sts.
KIIXN'ICY Remedies are now sought for by
many men, because so many men live rapid
ves "_ use up their kidneys. If you wish to
have your kidneys put in good order send for
our K'ldney Regulator, or better, learn some-
thing about your kidneys and how to make the
test. The book, "A Knowledge of Kidney 3,"
Bent free. _____
Hudson Medical Institute
Stockton, Market and Ellis Sts.,
SAN FRANCISCO, CAL-
fSB" OPEN EVENINGS .ffigr ;•
FOR THE HOLIDAYS!
OPERA-GLASS KS, LORGNETTES, GOLD
SPECTACLES AM> EYE-GLASSES.
Largest and Best Selected stock in the City.
L A. BERTELING, 427 Kearny Street.
Baja California
Damiana Bitters
Ts a powerful aphrodisiac anil specific tonic for the
sexual and uriiutrv organs of both sexes, and a
ereat remedy for diseases of tlio kidneys and blad-
der. A great Restorative, Invigoratornud Nervine.
Sells on its own Merits — no loug-wincled tesli*
, monlals necessary.
NABER, AI.FS & BRUNK, Agent*,
3'i',i Market St., S. 1. (dend u>r Circular.)
RIGGS HOUSE 7
tVnsliiiiStoii, X>. O-
The Hotel "Par Excellence"
Of the .National Capital. First class in all appoint
ments. G. I)k\vitt, Treaa.
American plan, $3 per day and
upward.
■ ■
5