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16 MRS, CRAVEN THREATENED FOR CONTEMPT, Refused to Be Sworn Be fore Judge Slack Last Evening. MUST ANSWER TO-DAY. Dramatic Bit of Play in the Drama of the Fair Will. M'ENERY CRIES M FORGERY." " I Will Not Stand It," Said Mrs. Craven. " You Must." Said the Lawyer. In answer to the subpena served upon them Mrs. Nettie R. I raven, her personal attorney, Charles E. W illiams, and her friend and adviser, Stephen Roberts, went before Judge Slack last evening, and, after ttie most interesting bit of play that has yet trussed the stage in the great drama ot the Fair will, retired again back into the night. Interesting as it was, it was still only the usual piay before the court, resulting in the everlasting postponement. Mrs. Craven and the others were re quired by the subpena to produce all the documents that she may have irom the hand of and affecting the estate of James Ci. Fair. She did not do it. Incidentally, in the argument against her attorney's plea for time, she was "roasted" without reservation. She was charged with being a forger and the head of a manufactory of spurious wills and deeds. This was by Garret McEnerney, done in a manner quite unusual with him — his inane shaking with the vehemence of his utterance and his face growing very red. Mrs. Craven became very much excited ana, rising from her chair, her white kid gloved hand raised to attract the attention of the court, like a democratic delegate fearful of being overlooked by the cha : .r, she cried: "Your Honor, this is too much! This is unwarranted and outrageous!" Mr. McEnerney took advantage of the interruption to take a large drink of water, then, setting down the glass, he looked squarely at her as he said : ■Madam, you will have to stand it, and much more of the same belore you are tiirough." Tne court said not a word. The setting lor this rather strong bit of action in the play was excellent. The lamps were lighted, tne courtroom crowded, very many ladies being present, most of them the school iriends of Mrs. Craven There was almost a full roster of the attorneys in all the ramifications of j the case who are in the City — Lloyd, Wil son, Heggerty, McEnerney, Pierson, Sulli van, Choynski, and all down the too numerous-to-mention list. Mrs. Craven held a conspicuous place a htue away from the table between her counsel, Choynski and Brittain. Near her sut Williams and Roberts, wno were sab venaed with her. She was dressed in brown, with utce about her throat, a jacket with big, white buttons and white kid gloves. Mr. Brittain, acting for D6lmas,who was ill and. unabie to be present, made a strong and indignant protest against Mr. Mc- Enerney's statement. He declared that he (McEnerney) would not have dared to say such things had the senior counsel, Mr. Delmas, been present. But toe court refused to rebuke Mc- Enerney. but promised to do so when it (the court) deemed that he '(McEnerney) was transgressing any of the legal pro prieties. However, the plea for time, based upon the illness and absence of Mr. Delcaas, was effective, despite the protest of the other side that such a proceeding did not call for counsel. The matter went over until Wednesday evening. Then the counsel for the petitioners, see ing the game about to slip away for tne time, readjusted themselves and moved that the parties subpenaed be sworn. The purpose of this was to bring them imme diately under the jurisdiction ot the co urt. And it was contested. For at least seventeen hours the determination of it was postponed. M,r. u . Craven, when her name was called to come forward and be sworn, llatiy re fused. She said it politely enough, but quite firmly: "Your Honor, acting under the advice of counsel 1 refuse to be sworn." She sat down in a tremble. Judge Slack leaned forward and peered under the lights at the sides of the bench. •What is that?" he said, in something like amazement. Mra. Craven had it to say all over again. She arose, took a step forward, and, plac ing her white kid eJoves upon the back of Mr. Choynski's chair, repeated as dis tinctly as before, with a touch of tremolo in her voice, "Acting under the advice of counsel, your Honor, 1 refuse to be sworn," she repeated. Looking steadily at her and not at the counsel his Honor said, very slowly : "Then 1 will have to deem you in con tempt of court." "We shall insist that the witness be eworn, " said Charles Heggerty, doggedly. Mrs. Craven still refused. The court got so lar as to fix tue time at twenty-four hours that she should spend in jail. F. & Brittain, acting for Mr. Delmas, asked a suspension of sentence until at least to-morrow at 2 o'clock — that is, to day — and sentence was reserved until that time, at which time was Mrs. Craven directly orderod by the court to appear. Dr. Marc Levingiton had not been served with a subpena, was not present and did not figure in any way. THE PROCEEDINGS. The Celebrated Casa In Its Details In Court. Herbert Choynski, representing Marc Livingston, opened the proceedings by NEW TO-DAY. Itching^ skin diseases RELIEVED BY ONE APPLICATION OF Bpbedy Curb Treatment.— Warm baths with Ccticcba Soap, gentle applications of OcrricrßA 'ointment), and mild dose* of Cuti- cuba Resolvent, greatest of humor cures. Bold thronjrhont the world. Price, Ccticcba, SOe. FOAI-. 25c Km»OLTw<T. 40c. and »1- Pott** Deco a*d CH»w. Coitr.. Sole Prop*.. Bo»ton. ' or "■ How to Care Itciilnc Skin fliionw,* mailed ft**. stating that J. D. Sullivan. Levingston's attorney in the Fair will matter, and D. M. Delmas, the attorney for Mrs. Craven, were too ill to appear in court, and that Samuel M. Shortridge was out of town. He then asked that the matter be continued. This opened the battle. Charles J. Heggerty, vigilant as a gen eral momentarily expecting a surprise, was on his feet in an instant. He claimed that the proceedings were in the nature of taking depositions, and that Delmas and Shortridge were not attorneys of record, bin simply of counsel. Then continuing he aigued as follows: "This is a very important matter. In struments have been filed under s.uspicious circumstances, affecting very large inter ests of the Fair estate, and we desire to have the persons who possess the knowl edge of the facts give their testimony in the matter. We propose to demonstrate, before your Honor, that those documents are forgeries, and we object to any contin uance. We ask your Honor to direct the witnesses to take the stand and subject themselves to the authority of this court." Choyniski objected to any further pro ceedings on the ground that five days' notice should have been given of the pro posed taking of depositions, whereas the subpenas were served at 4:30 p. M. Satur day, he claimed. The persons whose depositions were to be taken, he added, had had no oppor tunity to consult with their counsel, and be concluded by remarking: "These peo ple are here, and they have no intention of going away.'' F. S. Brittain, chief clerk for Delmas & Shortridge, speaking for his firm, stated that Mr. Delmas was too ill to appear and Mr. Shortridge was away. He repre sented to the court that Mr. Delmas was the only one sufficiently familiar with the matter to handle it intelligently and properly, and declared that the course of trying to take the depositions under the method proposed was wholly lauity. He claimed that Judge Slack was not sitting as a Judge, but simply as a notary or commissioner, and that he had no more jurisdiction than such persons. Mrs. Craven, he said, was not in court in xe spor.se to any order of the court, but sim ply out of deference to it. He also asked lor a continuance. Heggerty opposed this motion on the ground that witnesses were not entitled to counsel. He suggested that if there were any objections to the manner in which it was proposed to take the depositions they could be made when the depositions were offered in evidence. He moved that Mrs. Craven be asked to take the stand and be sworn. Brittain pleaded for Mrs. Craven again, saying: "It haa been charged that cer tain papers have been placed on record and that they are forgeries. This is a mat ter of the contest of Charles L. Fair in the matter of the Fair estate, and we ask that we be not compelled to go on with the witnesses while proper council is not here. The witnesses are not going away." Here Heggerty renewed his motion that Williams, Roberts and Mrs. Craven, all of whom were present, be sworn. Dr. Marc Levington, for whom a subpena had also been issued, not having yet been served. Williams demurred, stating lie desired time and to have his attorney present. Brittain again objected, basing his stand on what he termed the informality of the proceedings and its lack of jurisdiction. Heggerty came back quick as a dash on ; .Brittain, declaring the situation was a most anomalous one. "The court is a^kci to grant a continuance," he said, "and at tue same time is declared to have no jurisdiction. I submit that these proceedings are farcial. I find a gentle man of the bar, like Mr. Williams, saying that he wants time to investigate. What? The testimony he shall give on the facts that are within his knowledge? Is that the proper proceeding? Why should Mr. Williams and Mr. Roberts be allowed time to prepare their story ? "They came here with deeds and filed them under suspicious circumstances. We demand, as a matter of justice, to pave them go on the stand and purge then; selves"of what they know regarding them. '"The court has no power to make this continuance," he said, concluding. "Their objections can be made when the deposi tions are offered in evidence. That is the extent of your Honors power at this time." Heggerty stated that Garrett Mclnerny, who was at his side, was to be associated with his firm in the Fair case, and he asked that Mr. Mclnerny be heard in the matter. Mclnerny precipitated the first exciting incident before be had delivered a dozen sentences. He briefly referred to the re cordiug of the two deeds on Friday and then struck home, saying: "These deeds," he declared, "are re garded by all who are interested in the Fair estate, myself included, as forgeries. 1 ' Brittain objects to tnis argument, but Mclnerny went on: ''It has been charged in the public press for months that Mrs. Craven had in her possession forged deeds. These deeds were filed for record last Friday, contrary to the practice in this City for the past thirty years, so as to make it impossible for any one to see them and test their gen uineness. We believe that they will be proved to be forgeries. "As soon as we learned that the evi dence regarding them would simply be the page in the record we began these pro ceedings in order to place these deed 3in the custody of the court. "Mrs. Craven has refused to affirm or deny she has a marriage contract with Senator Fair. "We want to show that she is at the head of a manufacturing bureau here for producing Senator Fair"s writings," he de clared. Like a flash Mrs. Craven was on her feet. Rising to her full height in her in dignation and scorn she faced the attor ney and, pointing her finger at him, shouted: "I wont have it! I wont stand it!" While he was being quieted by Brittain and Choynski McEnerney calmly helped himself to a glass of water, and remarked, sottovoce: "You'll have to stand it." He concluded by saying: "I state these facts now to show that we should take the tes timony of this lady with the greatest dis patch." Brittain attempted to take McEnerney to task, but had only uttered the words: "This unwarranted and unjustifiable at tack," when Judge Slack interrupted him. saying he had heard enough. Judge Slack then said : "The question is, Should the court proceed without the presence of these attorneys? I am dis posed to be reasonable, but shall not ex tend the matter any longer than to Wednesday to give counsel time to pre pare. But before doing so I will ask that the witnesses be sworn." This was the crucial point. To take the oath waj to admit the jurisdiction of the court and to clear the road for the exami nation of Mrs. Craven and all her wit nesses in reference to the two deeds and all other documents of the late Senator Fair s writings in the possession of any or ail of them. Hardly were the words out of Judge Slack's mouth when Heggerty was to the front. "Mrs. Craven, will you please take the stand ?" he asked. But that lady's attorneys were not ready to give up the battle. "\Ve submit, your Honor," said Brit tain, "has no power to order the witness to be sworn." Choynski also entered an objection on the ground that the affidavit, which was the oasis of the order of the court, did not contain sufficient evidence. At this juncture Mrs. Craven created a mild sensation. Rising and addressing the court she said, "I will not be sworn, under advice of my counsel," she re marked, as if she were declining a favor at the hands of the court. Attorney Williams was called to the stand, and after some ineffectual objec tions was duiy sworn. He was then in structed to appear at 7:30 p. m. on Wednes day with all the papers in his possession THE SAN FRANCISCO CALL, TUESDAY, JUNE 23, 1896. ! that were defined in the order of the j court. He promised to be on hand and to i comply with the court's order. Roberts also passed the ordeal without further objection. Again Mrs. Craven was requested to take the stand, and agaiu, this time quietly but lirmly. yet with a flush on her lace, she arose and said: "I decline to be sworn under advice of counsel." Brittain challenged the right of the | Judge to commit for contempt, claiming j he was sitting as a notary, or commis ] sioner, and not as a Judge. He added that if it became necessary they would show that Mrs. Craven had not been | served with the order of the court and j came only in deference to his Honor. Mclnerny asserted that a witness had no ■ right to question the jurisdiction of a grand jury nor of any court. Jtulge Slack addressed himself to the contumacious witness: "Do you still de cluie to be sworn?' he asked. "If your Honor please, under advice of council, I must decline," Mrs. Craven an swered. There was apparently no feeling on the ! part of either the Judge or the witness. ! The court then instructed the clerk to I enter an order adjudging Mrs. Craven i guilty of contempt and sentencing her to twenty-four hours in jail. The sentence of imprisonment reao, > "Until she submits herself to the court i and is willing to be sworn." The suggestion was made by Mclnerny | that the matter go over until to-morrow, | so as to give Mrs. Craven a chance to I apt>ear with the papers. Brittain said the advice had been given his client after due deliberation, and not on the spur of the moment, and asked that a stay of ttie sentence be granted and an order first made that the witness show cause why she should not be punished for contempt. Mclnerny objected to any stay on these grounds, but agreed to allow a stay until 2 o'clock this afternoon to give Mrs. Craven a chance to change her mind, provided Mrs. Craven would agree to be in court at that time. "She certainly will be here," answered Mr. Brittain, who turned to his client and ! in hearing and in sight of the whole court informed his client of the proposed ar rangement. The order for her to appear to-day at the hour stated was made and ! the court adjourned. Actions in ejectment were begun yester day in behalf of Mrs. Craven for the Pine street property, southwest corner of Pine l and Sansome, and the Mission-street prop erty, corner of Eleventh and Mission. The rents of both properties are cited as returning $5000 a month, and a claim ot ! $10,000 and $100,000 for back and accrued ; rents in both cases is asked for. CRITICIZE LAX METHODS. Receiver Sheehan and Attorney Watt Blamed for Neg ligence. Five Huudred Dollars a Month and Perqu sites Collected by the Attorney. Judge Seawell resumed the hearing of the case of the People against the officers j of the People's Home Savings Bank yes- i terday. General John F. Sheehan was on , j the stand all day. General Sbeehan was asked if he did not . know, when he assumed charge of the [ bank's affairs, that large blocks of stock ; were being transferred to insolvent per j sons with a view of escaping responsi bility. He replied that he only knew of ■ sxich actions in a generai way from reading : casually the reports in the papers of the | j Bank Commissioners' doings. An inkling of the slipshod manner in I which the bank's business was conducted I was given in Generel Sheehan's testimony , regarding its relations with James Alva Watt, the attorney of the institution. It j seems that $suo per month was thought to ! be about the amount of money that would 1 repay Watt for his services to the bank, | and, in addition to this, the attorney was j in the habit of bringing in bills for addi ! tional compensation. The books of the bank show where, in S addition to tbe regular $500 per month, ! Watt received, in December, 1894, $!*SO, j and on another occasion $700, besides - smaller amounts. General otieehan al ■ lowed all these bills because he had faith in 1 Watt as the bank's attorney, and did not think he would bring in an unjust bill. Watt's bill was based on the ground that the service was for the benefit of the bank. On one occasion Attorney Durst was paid $150, although the sum total of his services appears to have been to appear as a substitute for Mr. Watt. An item of $55 was allowed to Mr. Watt I for typewriting done by Mr. Hardee, his ' stenographer, and was paid by the bans. j The trust company peopie contend that I Mr. Watt should have paid his own type ! writing bills out of the $.500 per month he , received. The litigation between the People's i Bank and the Kansas Real Estate and | Improvement Company was also gone | into. The bank won this case and was given judgment for the face of its claim, interest and counsel fees. All this was paid, including $500 counsel fees. It de veloped, however, that but $250 of this was ! paid Mr. Watt by the bank, the other $250 being received by him from the Kansas j company. I', is claimed that Watt should | | have turned this $250 in to the bank, but j that through the negligence of the offi i cials he was allowed to retain it. Genei^l Sheehan was still on the stand i when court adjourned for the day. SHOPLIFTER ARRESTED. Maggie Mitchell Detected Stealing Goods in the Emporium. Maggie Mitchell, an alleged profes sional shoplifter, presumably bailing from the East, was arrested last evening by Special Officers Green and Allen while she was plying her trade in the Emporium. : The woman was seen to approach the rib bon counter, and after glancing around the building concluded herself undiscov ered and slipped a couple of bolts of rib bon in her pocket. Some of the salesgirls detected the woman and s-nt for the special police. who placed hex under arrest. She denied having stolen the goods at tirst, and wuen ; the oflicers endeavored to search her she I sobbed as though her heart would break. ! Her protestations were in vain, however, ■ and under her skirt was found a sack I fairly bulging with stolen goods. The first parcel to come out of the bag contained ten yards of dress goods. This was followed by a spool of cotton thread, a bolt of braid, a child's shirt, five pairs of children's stockings, five brass curtain j rings and three yards of curtain lace. This satisfied the officers that they had I made an imponant arrest, and the woman ; was taken to the Southern police station I ami charged with petty larceny. The police searched high and low for ' Maggie Mitchell's room last evening, but j were unable to locate it. When they do find the room they are confident that they will lind a quantity of goods stored away and will be able to raise the charge against the shoplifter. _ — * — • ■■ Iriiii.-ml ii u -i • \- il< nuiil . The Chief of Police had to be called yester day^to keep the vastcrowd of eager buyers at the bi<r sale of James M. Moran & Co.'s dry-goods stock, at 1009-IOI.j Market street, now being slaughtered for the benefit of the creditors, and no wonder that there should have been such a jam, as the prices they are selling the stock for is 45c on the dollar. If the great rush , continues it will not take long to clear out the j $85,000 stock. • . . — • — • — • ■ . . | Uenebery's Kstate. Rev. John E. Cottle has applied for letters of administration on the estate of Andrew Hene bery, who died June 16, leaving »ju estate I valued at over $10,000. j WILL MARRY A FORMER PUPIL, A Pretty Romance of the Public School De partment. CAUGHT HER TEACHER. The Patience of Vice-Principal Kingsbury Rewarded at Last. WAITED TWO LONG YEARS. A Wedding to Take Place To-Night at the CeDtral Methcdist Epis copal Church. A wedding that will take place this evening at the Central Methodist Episco pal Church on Mission street, near Sixth, will bring to a happy termination the prettiest romance that ever interested the School Department of San Francisco. The contracting parties are "Wiilurd deL. Kingsbury, vice-principal of the John Swett Grammar School, and Miss Clara Jeanette Stanbridge, a former pupil of the teacher. Two years ago Mr. Kingsbury, who is considered a remarkably bright tutor, was vice-principal of the Franklin Grammar School, on Eighth street, between Harri son and Bryant, and as is custom ary with vice-principals, taugnt the ninth or highest grade of his school. Among the young iadies under his charge was Miss Stanbridge, a pretty girl of sixteen summers, who showed an apti tude for her studies beyond her years, and won the approbation of her teacher. It was not long before a feeling stronger than friendship and the admiration in spired by a bright mind stirred in the schoolmaster's breast, and though he sought to stifle it and treat her simply as her tutor and as he treated the other girls, it would not down, but mastered him. Try aa he would to conceal his teelings the sharp-eyed damsels of his class saw his si ate of mind, and it soon became a matter of remark among them that Mr. Kingsbury seemed to be very fond of Clara Stanbridge. Ere long Mr. Kings bury's affection for his fair pupil became bo strong that he no longer tried to fight against it, but allowed Cupid to lead him to the home of his charmer, who lived with her parents in a cozy residence at 31 Gar den street. To Miss Stanbridge's fatner, who ia con nected with the Pacific Woodenware and Cooperage Company, the smitten teacher confided his affection for the daughter and asked for her hand. Her parents, how ever, deemed her too young to undertaice the responsibilities of marriage and ask ed him to wait a couple of yearn until she had reached her eigh'eenth birthday. Though impatient at delay Mr. Kings bury consented to the long wait, consoled with the thought that he could see and talk with his charmer each day. Soon his hopes were shattered, for he was trans ferred to a similar position in the John Swett Grammar School on McAllister street, between Franklin ar.d Gough, that he had held in the Franklin School. The change involved a partial separa tion, but there was no way out of it, and Mr. Kingsbury went to live out nis two years of exile from his fiancee's presence. The period expired recently, and for some weeks preparations for the wadding have quietly been going on. The bride will be attended during the ceremony by a number of her former schoolmates and pupils of Mr. Kingsbury, and after the honeymoon journey the couple will locate in a handsome residence which Mr. Kingsbury has furnished for his bride. Vice-Principal Kingsbury is the teacher who trained no little notice in the School Department some years a^o by his inven tion of a new system of teaching history, geography and other studies. He converted whole books into verse and had his pupils commit them to mem ory, believing that the minds of the young people under his charge world retain names and dates much better by that method than by those generally in vogue. Mr. Kingsbury is still a youns; man, being about 30 years of age, and has been con nected with the San Francisco School De partment for some time. A SCHOOL'S SAD CLIMAX, Miss Lake's Celebrated Institu tion Forced to Close Its Doors. Financial Depression of the Last Three Years Said to Be the Reason. Miss Lake's school is doomed to obliv ion. A sale will begin at the beautiful structure on the corner of Sutter and Octa via streets this morning. The gymnasium fittings, the furniture, paintings and bric-a-brac, and even the ten pianos provided for the use of the pupils are to be sacrificed to meet the financial obligations incurred by the insti tution. For years Miss .Lake struggled for recog nition in a small and inconvenient build ing on Post street, with the result that her labors placed the school on a plane which made it the acme of every San Francisco's girl's ambition to be graduated therefrom. When the handsomely furnished build ing on the corner of Sutter and Octavia was erected, all believed that the school had seen only the dawn of its prosperity. This year twenty young ladies graduated from ihe school and were accredited with the university in ail branches. The climax has now been reached. It is a sad one. The dismantling of the build ing which has been the abiding-place of erudition will bring pain to many girls and women who have spent happy hours there. HF ' "The truth is," said Miss Lake yester day, "l undertook too much. It was a aeyere task to Kerp a preparatory anM finishing school up to such a standard and on snch a scale aa I wished. As I could not lower the standard, all is over. "For the past two years I have sup ported the school I loved out of my own private resources. They are now ex hausted. I attribute the disaster to the financial depiession of the last three years and tbe gloomy outlook for the coming year." Miss Lake declares that she wishes no vacation, nor has she any plans for the future. All she knows, she says, is tnat she must find some way in which to dis pose of her energy as soon as possible. COURT-MARTIALED. Captain Warren of Thig City Charged With Stuffing. Captain Frank W. Warren of Company H, First Regiment, National Guard of Cai ifornia, was tried last night by a court martial at the California Hotel. The charge was that on the evening of April 3, 1896, on the occasion of the an nual muster of the company in this City, Captain Warren was cognizant of the fact that a man named Ratchford was in the ranks and announced present for a man named Corwin who was absent. About fifteen witnesses were examined, after which the court went into secret ses sion to deliberate upon its verdict. Stiortiy before midnight their deliberations were concluded, but whatever their tindine may be it will not be known until the testimony shall have been printed in full and sub scribed to by all the witnesses. Then the president of the court will affix the verdict and the decision will be published. From what conld be gained by conversa tion with individuals interested in the progress of the trial there is not a very strong probability that the accused will b*e severely dealt with. The court consisted of Major Juillard of Santa Rosa, who presided, Major Hayes of OaKland, Major Murphy of San Fran cisco, Captain Elliott of Wan Rafael, Cap tain Poulter of Oakland, Captain Part ridge, the District Attorney of San Jose, and Captain Boardman Jr. of San Fran cisco. Major D. S. Dorn of San Francisco acted as judge advocate. BURIAL OF REV. G, VINAY The Missionary Who Was Dis missed a Week Ago Is Now Regretted. Rev. Mr. Jenks Fr r ys That "Sins of Omission" May Be Pardoned. The Bereaved Family. "He bore two years of grief and suffer ing, passing calmly through the storm. He gave what he could for God — his all; and now he has fallen by the roadside. I knew him well. We !.ad to face the same diffi culties and sufferings and sustained one another's courage." It was thus Rev. E. Dupuy of the French Reformed Church spoke at the funeral ser vices of Rev. G. Vinay, which took place The Late Kcv. Mr. Vinai. yesterday afternoon in Bersaglleri Hail. The San Francisco Presbytery was present in a body, to bury the missionary, whom exactly a week before it had dismissed from its service. All the ministers who made addresses alluded feelingly to the courage and hich principles of the man who lay in the casket before th em- Two years ago the San Francisco Pres bytery brought Rev. Mr. Vinay here from an assured position in South Carolina to undertake the Italian mission at North Beach. When he arrived he found, to his surprise, that there was no money in the treasury, and the salary of $U>oo per annum which he had been offered ha 3 since been paid with such irregularity that he and his family have had to live for mont.is at a time on credit. On the 15th inst. the presbytery held a meeting, at which it was resolved that after July 1 the Italian work should be discontinued, on account of lack of funds. After the publication of the pastor's condition in The Call he was visited by different members of the presbytery and everything was done to alleviate his con dition, but it was too late. His sickness changed to severe erysipelas and ho died on Saturday ni^ht. His sudden end has been a severe blow to the presbytery. Rev. J. Cummings Smith said yesterday: "The fundamental fault lay in the presbytery undertaking work which it could not afford. From the first I have been opposed to the Italian work on tliosf- grounds, but have always been voted down. The Board of Home Missions in New York should have con tributed to Mr. Vimiy's salary, but the board nas felt the financial stress severely and has not sent the money regularly." The funeral services in ISersaglieri Hall were attended by all the prominent mem bers of the presbytery in town. Around the hall sat the late pastor's flock, many of them unable to follow the services through lack of knowledge of the English language. The children from his Sunday school stood about the door gazing won derinely at the proceedings, and a choir of French and Italian ladies, many of whom were weeping, rendered the funeral hymns. In the middle of the hall stood the black casket, on the glass lid of which some child had placed a little handful of faded white flowers. There was also a cross of sweet peas, and some old-fashioned garden flowers had been heaped at the base of the coffin. Rev. P. Farrand, the moderator of the presbytery, spoke of tbe missionary's death as "One of those mysterious visita tions to which we must submit." He said that all present would be glad to tes tify to their esteem for the dead brorher. Rev. J. Jcnks of the First Church ex pressed Christian resignation in a prayer. He thanked God for the life and the brave heroic death of the brother, and prayed, "Pardon us for our omissions and our sins of shortcoming." Rev. J. Cummings Smith paid a high tribute to the worth of the dpad mission ary, and spoke of the splendid work he had accomplished in South Carolina. Rev. Eugene Dupuy made an address which moved some people to tears. The services were concluded at the grave in Odd Fel lows' Cemetery. The pall-bearers were: John Russell, D. B. Lamperti, E. Courvoicier, F. Ca pucetti, W. Pardini, A. Arogona. The presbytery will be responsible for the funeral expenses, and an effort is be ing made to raise funds to send Mrs. Vinay and her three children to Sicily immedi ately. The Enoch Talbot Libeled. The State Harbor Commissioners filed a suit in the United States District Court yesterday libeling the bark Enoch Talbot. In the com plaint It is alleged that the proprietors of the irnft are indebted to the State in the sum of f239fot dockage. The plaintiff* also sue for the costs of the proceedings and for ihe en forcement of all penalties provided for in such cases. Children Cry for Pitcher's Castoria. MAGUIRE SCORES JUDGE CATLIN Says He Intended to Pun ish McClatchy for Libel. STIFF VEEBAL PUNCHES. McClatchy Entitled to a Jury Trial Before an Impar tial Judge. PRESS DEFENSE ASSOCIATION. The Congressman Believes That It Should and Will Be Revived at an Early Date, The decision of Judge Catlin in the case of Editor McClatchy of the Sacramento Bee, charged with contempt of court in having made severe strictures on certain proceedings outside the presence of the court, has aroused to action those citizens who deem the freedom of the press again threatened. There is an almost unanimous opinion that the old FYee Press Defense Associa tion, called into action by the historic Barry contempt case, should again be re vived. Though not much has been openly sairl up to date, the undercurrent of opin ion is strong, and the association may again, phoetiix-like, rite from its ashes and do battle against the narrowness and illib erality of the bench. Congressman Maguire's name having been mentioned for the presidency of the rejuvenated association, he was seen yes terday and asked to give his opinion on the contempt case in question. "My opinion has aiways been," he re plied, "that the power of the court to pun ish for contempt should be limited to cases arising in the courtroom, or in the immediate presence of the court during its sessions, thereby interfering with its procedure. "I drafted the act which Judge Catlin declared unconstitutional, and it expresses exactly what my view of the law should be. "The power exercised by Judge Catlin in the McClatchy case was not excercised for the purpose of preventing the orderly pro ceeding of his court from being inter rupted or being interfered with in any way. It was exercised for the purpose of punishing the man whom he behevea had been guilty of libeling him in his personal and official character. "Mr. McClatchy may have been guilty of libeling Judge Catlin. I express no opinion on that question. Indeed, I never read the offending article. "But Mr. McCiatchy was entitled on that question to have his- guilt or innocence de termined by a jury clothed with the power of determining the law as well as the fact. And, in my opinion, he was en titled to have the trial proceed before an impartial Jiulue— not, at any rats, before the Judge who charged him with libel. "1 believe that the Free Press De fense Association should now be revived. I think that as long as any court claims the power to punish a citizen summar ily for the publication of a libel con cerning the court or the Judge, all who be lieve in the preservation of individual rights, of freedom of speech and of the press, and who know that 'eternal vigil ance is the price ol liberty,' should organ ize, and keep organized, until such tyranny is made impossible." "I have talked with others on this sub ject, and tne general sentiment seems to be in favor of reorganizing the Free Press Defense Association." KING BROUGHT TO TIME The Supervisor From the First Receives a Sudden Set back. Declared Out of Order and Forced to Sit Down by Suprvisor Dimond. "This City has been robbed out of thou sands of dollars," said Supervisor King during the session of the Board of Super visors yesterday, and this declaration, coupled with other remarks, was the means of getting the representative of the First Ward into considerable hot water. The board had previously sustained the Mayor's veto to a number of ordinances granting contracts to others than the low est bidders for supplies for the City and County Hospital. Toward the close of the meeting Supervisor King offered a resolu tion rescinding the action of the board which gives the contract to the Pacific Marine Supply Company, and made use of the language quoted, adding that the supply company offered bids on one thing and delivered another. About this time Supervisor Dimond, who was in the chair, concluded that it was time to take a hand. "The gentleman from the First is out of order," he announced. "Out of order!" sputtered King; "I am going to speak to my resolution." "Sit down," ordered the chairman, sharply. King continued to arsrue. but his words were drowned by thp hammering of the chairman's gavel. Mr. Dimond announcing that the business of the meeting would proceed. "But my motion" began King. "Has been declared out of order," snapped the chairman. "The gentleman from the First can appeal from the decision of the chair." "Haven't votes enough," said King, glancing hopelessly about the assemblage', and during the laugh tnat followed he sat down abrubtly, too dazed by being forced to yield to authority to make a further ar gument. To Quiet Title. Nellie M. Connor has begun suit against Charles McCarthy of the McCarthy Company, the Stanford Heights Improvement Company and other corporations and individuals to quiet title to twenty lots to theLakeview Tract. Dropped Dead on the Street. C. W. Smith, 1418 Geary street, dropped dead yesterday mnrning at the corner of Laguna and Sutter streets. The deceased was n coppersmith by trade and was well known along the water front. new TO-pAY: A Corker, TEAT NEW EAT OF OURS, TEE McKIjYLEY EAT. A very stylish hat in otter, with golden brown trim- mings, in pearl shade with black bands; of course black, as well as other shades. Same kind of stock the hatters charge you $2 for. In our big Eat Department to-day at 95c. Some awfully swell Bike Caps and those pretty Over- plaids in golf style at 50c. . To-day is a good day to be in our Eat Department. Want our new book for out-of-town shopping? Send us your name and ad- dress; we'll do the rest. RAPHAEL'S (Incorporated) , The Frisco Boys, 0, 11, 13, 15 Kearny St. Leading Grocers Special FofS WeeK. HAMS. Our Choice Eastern £mgar-cured Hams. lOVscperlb FRUIT SYRUPS. Strawberry, Raspberry, Grenadine, Pine- apple, Sarsaparilla, Vanilla, etc.; extra heavy in quality Quarts 35« < • • ; .Regular price 40c. RYE AND BOURBON WHISKY. Rich and Mellow (5 years) for Family »ud ' Medicinal Use.... Gallon $2.50 Regular price $3 60. BIXBY'S ROYAL POLISH. Flexible Shoe Dressing for Restoring the Color and Gloss to all Black Leather Goods ........;.... 4 Bottles 25« Regular price Bottle. ROLLED OATS. Eastern Boiled Oats 10 lbs., Sse OLIVE OIL. Our Own Importation from Italy; extra . quality Gallon 51. 75 Regular price $2 25. QUAVA MARMALADE. From Havana, packed by B. Garcia. Box 5o Regular price 10c. Telephone South 399 Send For Monthly Price List Free. Country orders promptly attended to. Freight paid by us when within ioo miles. 13241326 MARKET ST. Opposite Odd Fellows' Hall AND 134 SIXTH ST. .J SAN rn*Nci«co. , COS. lOti AND WASHHTGTCiT3TS."-» OAKLAND . 1734-1736 SEVENTH STEEST : f BRANCHES £75™ 4 ROOMS %(J & %0 CONSISTING OF " PARLOR.BEDROOM. KITCHEN EASY PAYMENTS. Tapestry Brussels, per yard 5O Cents Oil Cloth, per yard • ■ ... .585 Cents Matting, per yard..... -1© Cents Solid Oak Bed Suit, 7 pieces 525 OO Solid Oak Folding Bed, with Mirror •.....-. 5«5 OO ; T. BRILLIANT, . 410 POST ST., above Powell OPEN EVENINGS Four-Room Catalogues Mailed Free. C 7* Free Picking and Deliver/ across the By. Invitations. Announcements, Cards, etc., Engraved and Printed. Correct style, low rates. 20 samples and directions for correct form, modern weddings, mailed postpaid for 10 cents in stamps. ■ BRUNT* Fine, Pbij.ti.ng, 535 Clay St.. Ban Francisco. Call Wrilkft Man Jeplalile Pills Are acknowledged- by thousands of persons wn» have used them for over forty years to cure HICK HEADACHE, GIDDIXESS, CONSTIPA- TION', Torpid Liver, Weak Stomach, Pimples, ami purify the blood. Crossmaii's SDaciflc Mixtars ■\\ ith this remedy persons can cure themselves without the least exposure, change of diet, or change in application to business. > The medicln* contains nothing that is of the least injury to th« constitution.. Ask your dxuguiat nor it. i'rlct* ii * bMttk