The San Francisco call. [volume], June 15, 1897, Page 9, Image 9

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

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A FEW COINS
AND OLD CLOTHES
All That Remains of the
Once Large Personal
Estate of Boogar.
Litigation Has Eaten Up Most
of the Murdered Man's
Fortune.
Tha Court Orders Everything to Be
So d So That the D.bts Can
Be Paid.
Oakland Office Sax Fbakcisco Call.)
908 Broadway, Juu«l4. ;
An order of court made to-day foretells
the going out of tlie Jasi of the once
•wealthy estate of the murdered Philip
Boogar.
The trustees, E. M. I'atcrson and Pat
rick Benson, were granted permission to
sell tie balance of the estate to pay debts
amounting to $11,269.
The.-c is not a great deal to sell to raise
this amount. The inventory states that
there are two foreign coins worth $1 7"),
some jewelry valued at $23 85, a trunk ol
old clothes, worth perhaps $3 50. and $-111
in cash. In addition to ibis there are a
few pieces of real estate, but it is hardly
supposed that there will be a very heavy
dividend to pay on the debts should the
most fancy prices be obtained.
When Philip Boogar first came into no
toriety several years ago he was a wealthy
man. His fortune wan variously esti
mated at from $00,000 to $100,000. Then
litigat;on began. Boogar married a young
wife and soon afterward it was alleged he
attempted to poison her. She had him
arrested for being insane, and then divorce
proceedings were begun. Boogar was de
clared competent, bat one suit after an
other was brougnt, and as the suits pil^i
ud the estate dwindled away. When he
was shot by Michael Collins, his lather
in-law, there was more litigation. Mrs.
Booear stood nobly by her father, and
procured :or him such adequate counsel
that at two trials the jury disagreed. The
tiiird trial is set for August.
Mrs. Boogar secured a. family allowance
pending the litigation ana is also in pos
session of a homes. cad worm $£000, but
beyond this she got nothing from her hus
band's valuable estaie.
The latest incident in the sensational
litigation is the suit of John Losher, a
private defective, against the estate for
fISOO for services alleged to have been ren
dered to old Boogar in shadowing his wife.
According to Mrs. Boogar this detective
made life miserable for her, and now he
has Drought suit for payment from the
balance of the estata which the widow
had hoped would remain for her. As soon
as possicl? the property will be sold and
the civil part of the Boogar litigation will
b ■ended.
The criminal charge :-cainst Collins has
been continued for various causes for a
year or so, and when George Knight gets
through with the Fair will case he will at
tend to the charge of murder against his
client.
TO CAMP AT BOHEMIA.
The Advance Guard of the Boy*'
Brigade Leaves for the Rus
sian River.
Many Companies Will Fo low To-M r
rcw for the Am ml Encampm lit
Ladies' Aux; iancs to Camp.
Oaklakd Office Sax Francisco Call,)
90S Broadway, June 11 \
The advance guard of the Second Cali
fornia Regiment. N. B. 8.. consisting of
Colonel A. W. Taylor, Lieutenant J. A.
Hanley end about ten privates, left on
this morning's train for Bohemia on the
Russian River.
The faruou3 caterer, Haliihan, and his
cook wili again accompany the regiment
and thus insure first-class service in the
commissary line.
The advance guard will have every
thing in readiness for tne regiment anl
the auxiliary, which will follow on Wed
nesday morning, June hi.
Major Moore's company of San Fran
cisco will also accompany the regiment,
having been invited some months ago.
The camp has been named after its
popular Colonel, Taylor, and friends ad
dressing mail to the boys will have to be
careful and not confuse it with Camp
'lavlor, a station on i lie same line.
Trie camp will be in charg- of Colonel
A. W. Taylor of A anieda. L eutenant C.
G. Bird will have ;ull cuarge of the
quartermast? r's department, and Lieuten
ant J. H. C'.'bDledicK will manage the
commissary de> artment. Lieutenant J.
A. Hanley is in charjre of the advance
guar i. Major H. F.ne, M.D., of East
Oakland will again act as surgeon, a'nl it
is hope i that he will not be required to
dress real wounds th.s time.
The following oombaniea will probably
fhow up in goodly numbers: Company
A, Alamedii, Captain E. .Tone?'; Company
C, Ai?nieda, Captain E. J. Waiker; Com
pany D, East Oakland, Laeuienant 11.
Woodcocs; Company E, Alam»da, Cap
tain Victors; Company <i, i^cramento,
Captain ; Company 11, We«l Berke-
Jev, Cap'.ain W. S. Bodily; Second Re-i
--nient, II spital Corps, Alarueda, Lieuten
lenant B E.hot; Company 1, San Fran
cisco, Major Moore; Ladies' Auxiliary of
all ihe churches in charge of Mrs. Jones
of Alameda.
GROCER AND FOOTPAD.
Tlio Milkoan of the Former Prove* Too
Much for the Revolver of the
Latter.
ALAMBDA, Cal., June 14 —Late Hatur
day night Ludwig Warnke, a grocer doing
business at Railroad avenue and Willow
sireet, was clo ing his store when a man
crossed the street and stood for some min
utes watching luni. Warnfce glanced at
him, but paid no farther attention until
suddenly as he was in the act of JocKir.g
the door the fellow thrust the muzzle of a
revolver into hin face and ordered him to
l at up his hands.
Warnke happened to have a milkcan iv
hi* hands, and, though greatly surprised,
without^topping an insta'it to think of
the risli, he raided the vessel high in the
air and brought it down with all bit
strength on the footpad's head and shoul
ders. Tbe blow a: most knocked him down
:ind al^o stage re<l Warnke. By the time
ihe latter recovered himself the fellow
was running down Willow street at the
top ol his speed, and though pursuit was
made he was not overtaken. The police
were notified, but can obtain no clew to
the identity of the highwayman.
Attempted Suicide.
ALAMKDA, Cal., June 14 —Dennis
God.:ey, who tried to cut his throat with
:v pot ket-knife while "crazy drunk' 1 hi
tb.« street last night. VM sent to jail for
ALAMEDA COUNTY NEWS.
five days this mornintr. Godfrey said he
had not the faintest recollection of trie
occurrence, lie had been working very
hard and losing his sleep and thought he
would take a drink. After the first drink
he remembered nothing. It is known,
however, that he viiiled a number of
places and got more nor, until he was
crazy with its tff cty. He then tried to
cut his throat. There Is /a stringent law
against selling or giving liquor to a p?rson
aiready under the influence and it is sug
gested that this would be a good cuss to
make an example of the violator of that
law.
Xotcs.
A LAM EDA, Cal., June 14.— The Tisrtflle
party returned from their 'our to the Yoscmile
this morning, after a two weeks' trip. without
an accident or mishap of any kind. The only
thrilling incident was the killing cl a rattle
snake with lifiee:i rattles and measuring over
four feet in length.
The Kncinal Yacht Club enjoyed a moon
light «ail on the bay to-night.
The Alameda Boating Club has added
twenty-six members to its roll within the last
thirty days.
A party of school teachers and friends will
lea\e n .■ the n«xt stearatr lor Oregon to pass
their vacation.
The funeral of Augustus B. Graven, the de-
Ceased pioneer, will be held at Christ Church
la this city to-morrow afternoon lit - o'clock.
During the past \ve*k the police arrested
twenty-fi»ur drivers of wagons for not d gp ar
ir-.g the numbers on their vehicles, as required
by law.
SIDEWALKS OBSTRUCTED
A Priviege That Has Been
Grossly Abused During
Lato Years.
Stores Will N ver B Rented Wh:l
Business Can Be Done en
the Street
Oakland Offick Bah Fjuvcxsoo Call, I
IWB Broadway. June 14. )
The Merchants' Kxchang* is anxious
that the Street Superintendent enforce ihe
ordinance which was passed for the pur
pose of keeping the siJewalks freo for
pedestrians. For many years encroach
ment? have been made on the rights ol
foot passengers, until now it is impossible
in many instances on a fourteen-foot side
walit for two people to walk abreast.
Street Superintendent Miller has re
ceived a communication from the Ex
change asking him to loolc into the
matter. People who have occasion to use
sidewa'.jrs have for years b?en making
complaint that the ordinance was not en
forced. The last crusade a^inst street
obs.ructions was carried on in sucti a
haphazard, discrimir.at nj? fashion thnt
it aroused a« much sympathy fur tne vic
tims as commendation for the olh'cials.
Nothing came of it, however, and the
crusade ended where it began. Its effect
was bad. because it made offenders more
bold, and instead of mainta ning harmless
and convenit-nt stands, venturesome mer
chants have erected regailar shop.s on the
MdewalK, some ol them extending out
live or six leet, and keen a sUclc and
manufactory on the public street.
A notable instance of this can be seen
at Tuirteenth and Washington streets. A
candy-man lias built a store on the street,
in which he manufactures bli can iv and
sell-! .t, and lias fitted it up with a heavy
counter and en awning and rows (ft
sbeivea and electric light--. Under or
dinary conditions such a store would be
worth a good renta. in Buch a locality, ana j
tne taxpayers intend, if possible, thatsi'Ch
violation of J »w to their detriment shall
not b-^ permitted.
In the district occupied by the commis
sion men there is also a treat rieeire
shown to monopolize the sidewu.k, and
frequently not more titan a third is at
liberty. A.II over the city there are small
stand-, many of which htive no iegal right
to be on the sidewalk, ami a getierai^n
forcement of the order will be very dirti
culr.
The ordinance covering the matter says
that no one can rnonopol z) more t an
eighteen inches of the sidewalk from the
frontof the store, and if this be carried
out the corporation yards will be rilled
Witb fruitstore\ candy-Mores, tamale
store-*, bootblack-stands, news-stands and
all manner of signs, as well as wooden
Indians and lar;;e Olorks of coal.
GOT THE FEVER.
Sentiment In Favor of Merging Berke
ley Into Greater Oak
land.
BERKELEY, Cal., Jane 14 —Berkeley
has to some extent become interested in
the annexation scheme, and many citi
zens are anxious to see the college town
come under the wing of Greater Oakland.
Tho*e who are particularly interested In
the scheme are the re-idem- 1 about A-h
--ley avenue, near the new Oakland border
line.
In the more densely populated sections,
especially near the university grounds,
the sentiment seems to be that simple
Berkeley is good enough for the pres<*;:;,
and thst if ttie town wern merged into
Oakland the community would
lose Us individuality.
Will Bfl Closed.
BERKELEY. Cai, , June 14 —The Uni
tarian church at Berkeley will bs closed
during the summer until the tuird Sun
day in Au:-u«t.
The society has no regular pastor. Rev.
Dr. Aleer, who has been supplying for
several months, preached bis last sermon
yes c.day and to-day left for his old home
in Boston.
SWALLOWED CARBOLIC ACID.
Mr< Thompson I* Diiven to Attempt
uiiide Through Drink
Mrs. Emiline Thompson, wife of Chris
Thompson, a laborer, attempted to com
mit suicide at her residence, 7J2 Urannan
street, last evening by swallowing a dos»e
of carbolic acid.
Sue was taken to the Receiving Hos
] ital in the ambulance, and Dr. Thomp
son administered the usual remedies. Khe
will likely recover.
Her husband said she was a confirmed
drunkard and had reached such a stage
that ule was unbearab.e, so she resolved
to die. Fi/e years a«o she made an at
tempt by juniDinc into the bay. .She has
three ctiiidren by her former husband,
who are Jiving in the country.
MANY MEETINGS AERANGED.
Varion« Date* Set for the Sub-Fourth
of July Committee*.
The finance commitiee win meet at 7:30
o'clock th:s evening. The carriage com
mittee will meet at 8 o'clock Monday
night. The invitation committee will
meet to-morrow at 'J a. M. The literary
coinm.tiee will meet at 8 o'clock this
evening. The decoration committee will
hold a meeiing at !> o'clock to-morrow
evening, and all bidders for decorations
are requeited to be present. The regatta
committee will meet at 8 o'clock Friday
evening, and ihe committee on priming
Tue.-Uay next at 8 p. m.
The I i m ( (iMviriiiin.
The first conviction in t.io penny-uurchat
ing swindles was obtained yesterday In Ju'ige
Jouchimsen's court. Mrs. Jane Kennedy and
M. S. Gill of ihe Co-operative l'enny-I'ur
chasing Club were arrested a week ago at the
Instigation ot Mrs. Ida Hughes, who bad been
swindled out 01 $25 by the two worthies. For
some reason or otner the court did not im
pose the penalty of imprisonment, although
the charge upon whlun the conviction was
had was that petty larceny, Instead, a tine
of $20 was deemed sufficient in each case.
TIIE SAX FRANCISCO CALL, TUESDAY, JUNE 15, 1597.
SAYS THEY TOOK
HIS GYMNASIUM
Rev. James Blackledge Said
to Have Formed a
Conspiracy.
George Bates Alleges That He
and His Sister Were
Victim?.
Miss Caroline Bates Sail to B2 Starv
ing Whtn Rescued by Her
Surprised Fricnis.
Oaki./m. Office San Fhaxcisco Call,)
..'-'.'.. . DOS Broadway, June 14. f
A year ago George Bales was principal
of the school known as i lie Berkeley Gym
nasium niul ll» v. James B ack'rdce ami
Jinn J. Moran were teacheis. Now Rev.
Blackledge and Moran are joint princi
pals and Bates is a humble teacher.
In a sensational complaint br u.'ht by
Bates against Moran end Blackledce the
plaintiff asks lor $72,850 and costs fora
variety of causes which he alleges have
deprived mm of his school and hi* finan
cial standing and nearly brought about
the starvation, lunacy and death of bis
beloved sister Caroline.
Several years ago Bates established the
Berkeley gymnasium. He < m ployed Mo
ran us a teacher and somewhat later em
ployed the Rev. James Blackledee to
teach physical sciences and to act as vice
principal of the gymnasium. In this i>o
sition Mr. Biackledge had recourse to ;ttl
the private hooks and letters of Principal
Bates, and the confidence reposed in the
minister by Bates is HOW alleged to bo at
the bottom oi all the trouble that followed.
Although on several occasion* Black
ledge gave plaintiff his word of honor as a
gentleman and as a minister of the Goj
pel that he would never disclose anything
connected with the private or otner af
fairs of said plaintiff to any one whatever,
still, it is alleged, that "through the de
ceit, fraud, conspiracy, wrongful act*,
treachery and wrongful design, intent and
purposes," the Rev. Mr. JJlackl^lge did,
in conjunction with Moran, do damage to
the plaintiff of the value of $72,850.
The plaintiff states that they spread
false stories about him throughout Ala
meda County, wiiich led some of his cred
itors to attach the gymnasium. This
forced Insolvency upon Bate", and when
he was discharged irom his debts he de
clares that he had neither a school nor a
financial standing.
Caroline Bates, a sister of the plaintiff,
also appears to be a party to the com
plain*, Moran is said to have obtained
lrotn Bates and his Bister apparatus and
furniture reasonably worth $1500. Caro
line Bates fit engaged as a teacher in the
scnool established oy Moran arid Black-
J ie ;ge, known as the Peraltsi Hall Acad
j emy, and as part payment for her services
agreed to provide her with reasonable
board and lodging. This part of the pro
gramme was no: carried out, for the health
of Caroline was gradually undermined be
cause of the poor quality of the Jood, and
she was further injured by the unmanly
threats made by Moran to her. It is al
leged that Moran tnreatened that if she
persisted in pressing her just claim-i
against him she would be deprived ot tr.e
little property the law had left her, and
would be discharged from the school.
This treatment must have gravely
affected Mi-s Bate*, for it is alleged that
sne "became seriously and permanently
111, utterly collapse.i, physically and men
tal,y. and for a time was entirely without
sense or feeling, and that defendants
neglected to care for her properly, did
not notify plaintiff of his sister * condi
tion, refused to Bend for necessary medi
cine-, and gave food of any kind to her
only at long intervals, ami plaintiff on in
formation and beliei alleges that Caroline
was prevented from starvation and den h
only by the ace dental visit of a friend."
Geoice Bates declares that he has now
been "compelled to secura employrn nt as
a teacior in the City of San Francisco,"
and thinks that the sum mentioned, with
Cost for his attorney, H. 1). Talcott, will
ailcqua'.ely recompense him lor his mental
and physical sufferings and those of his
lister.
SHEETS FOR A LADDER.
Two Berkeley People Escape
From a Burning Build
ing.
Mr. end Mrs. E. C Hill Make a Trust
worthy Lifeline of Their
Bedclothes!
BERKELEY. Cal.. June 14.— With a
lifeline consisting of sheets tied together
Mr. and Mrs. E. C. Hill of Cedar street,
North Berkeley, escaped from the second
story window of their burning dwelling
yesterday morning. The couple were
awaKened from sleep by the roaring and
crackling of the flames about them, and
arose to find their room clouded with
smoke. Gathering together what few arti
cles of clothing they could they started
for the stairway, but this m.-an* of exit
had been cut off by the blazing fire and the
dense smoke.
The window was their only means of
escape. Tying the corners of two sheets
together and fastening one end to a por
tiere, they lowered themselves to the
ground. Inspector Wooster of the Ala
l/ieda Water Company was one oi the first
to arrive on the scene, and he lent to the
e-caping couple what assistance was
possible.
the time they had made their tragic
e'ecape from the burning building by
means of the impromptu life-line a fire
company was on me scene. The BraßMn
did effective work, and saved the building
from absolute destruction. Tie loss oj
Mr. and Mrs. Hill is placed at about $300.
PATRIOTISM HELPED DEATH.
Ralph Fierce Dying a* the Result of
I.a«t i Hll, p.li i; !1
OAKLAND, Cal., June 14— Ralph
Pierce is dying of consumption at Fruit
vale which was largely aggravated by bis
display of loyalty to tiia Republican
cause at the great Tom Reed ra.ly last No
vember. Oil that occasion there was a
meeting at Fruitvale, and Ralph Pierce
and Arthur TnrnbtUl volunteered to at
tend to lfa« loading and tiring of the can
non. While stooping over an open box in
which the powder wan kept it was ex
ploded by a spark and boih men were se
riously burned. Pierce, who is sixteen
years of age, has been confined to his bed
ever since. He was previously subj ct to
consumption, but the fl'trae* aggravated
it and he is not expected to survive much
longer.
I. . ii<-li M t a Kobber.
OAKLANI>, C'al., June 14. — George
Lynch, v mmmc man and brother of
Senator Lynch of Southern California,
visited Oakland yesterday and was greete i
by some young fellows who subjected him
to the "ru«h act." They "had known
him before,'- and while In conversation
one of them grabbed his money bag. Mr.
Lynch fought with the robber and sue- j
ceeded in saving his money. The matter '
was reported to the police, and th»v think
the thief is a member of thesportine-liie
Rang and a warrant for George Kelley has
been issued.
A Frightened Farmer.
OAKLAND, Cat. , June 14. — John
Schneider, a farmer from Dtxon, was
stood up laic lust night. He went out '
with a couple of friend to see the sight?, I
and at Sixteenth and Hood streets a marl
with a white mask showed him a pistol
and asked him to pass out his coin. He
only had a few dollar?, but the thief tool;
nil, and Schneider was so scared that
he cannot Fay whether the man was tall
or short, fat or thin.
Official* Must Make In venturing.
OAKLAND, (.at... June 14 — Supervisor
Talcott surprised the board by "reading
i the act r quiring certain county officers to
file an amended inventory of the property
under their Charge teioro July 1. This
section is from the county Roverniutnt
act And was not known until the resolu
tion was presented. It will entail a lot nf
extra, work on the officials, as tho time is
sj short.
Rarglar.4 Steal Clothes.
OAKLAND, Cal., Jnn« 14.— Burglars
entered the residence of C. E. i'almer, on
Oak street, lust Saturday night, and 'car
ried off a cunar, three overcoats, some
! gold cuff-button!", an embroidered center
piece and two nsw silk hats. Owing to
the fact that all the Valuables had been
securely locked up before the family re
tired the thieves did not mate the haul
they expected.
Court Vacation Itoglns.
OAKLAND, (M,., June 14.— The court
vacation commences to-morrow and con
tinues until August (>. Each of the
Judges will be on hand two weeks of the
time by turns. The Probate department
must be kept running continuously, but
JOHN C. SENDERLING, Who Came 3000 Miles to Testify in
the Jacob Z. Davis Will Contest.
no other b isines* will be considered. The
department clerk* will also b« given two
weeks' salary each.
The Festival Choru«.
OAKLAND, Cal., June 14. — The festi
val chorus, which is practicing classical '
music for the Christian Endeavor Con- ;
vontion in San Francisco next month,
met in the First Congregational Church
to-nigh*. Alameda, Berkeley, Golden
Gate, O.iklana and SaM Francisco was
represented, there being »>:ts voices. This
it the largest ctioim ever heard in this
city. Consequently, the pallbries were
well tilled by me musically inclined.
Acme Koxing Contests.
OAKLAND, Cal , June 14.— T0-morrow
eve. ing the first boxing contest of t c
Acme Club in its new headquarters wili
be brought off. The first men to contest
will be E. J. Smith of the A-jrae and J.
Hears of the Manhattan. Charley Tye of
the Acme and M. Etran of the Manhattan
will also appear in an eight-round contest.
i:« v !»lr. Heattjr Wna Fined.
OAKLAND. Cal.. June 14. — Rev. George
W. lieaity did not appear in the Police
Court 10-day to defend himself fmni the
charge of riding a bicycle on tiie t •]<*
wak. The usual fine is $2, but because
the minister had threatened io fii-tu the
< % ase and declar*"! he w*s not guilty the
ordinary b.iil of $5 tvns no; reduced.
ASA PiSK'S ESTATE.
Only th« Smi»ll Sum of *1fi5,528 03
I'duud for \ iipraiMrmieiit.
Asa Fisk's estate has been inventoried,
the list including only a part of the prop
erty held by him arhii* he was in active
business. Jnst prior to his death lie
deeded several valuable pieces of real
estate to members of his family, and
these tracts are not down as part of the es
trUe la probate. The aparaisemeut i« as
follows:
Money, $215,579 09; Life Insurance, $21,
--803 0!); jn.igmenie, (13,344 35; stock*, (646;
loans on .ii<- in-tirmii •■■, (6010 07; notes u:i*o
cured, $11,053 87; chaitel mortgages
$1221 41; notes HeCUred by real eit*t»,
$l»S,871 98; notes secured by pledges, $535;
miscellaneous property, $1483 10; nousenold
lurui.ure, eic, $1373 05: real estate. $70.-
GUO. ToUl, $165,528 02.
Senator Jone<' Mine.
Senator John P. Jones of Nevada has put the
stamp of his approval on another mine by
heading a corporation for Its management and
operation. He has named the new property
the Milkmaid mine. Those associated with
him in the venture are: H. M. Gorham, W.
E Lester. D B. Hunt. Thomas Anderson, J. B.
Law and Ahlmh! Waterman. The capital stock
is fixed at $10,000,000, and the property is
located In Shasta County.
They Touched the Till.
Maggie Thornton, a mm named John
Thornton, who is supposed to be her hus
band, a:id J.iiu-« Mulcahy are »1> booKQtl at ,
'he City Prison on charge* of grand larceny.
Tie trio 1* accuser of having m .tie «. ratd on
tiie till <>i Daniel Donovan, a saloon-keeper at
Third end Hryant street*, capturing therefrom
the sum of $12 The alluged larceny was the
finale of r Q'linken <lebauch.
The fac-simile y^F //&*'* .■? -** ** on ever wrapper
signature of (dasC/Trfcuc&M .0* CASTOEIA.
J. C. SENDERLING
CAME FROM AFAR
Bringing a Witness 3000
Miles to Testify in
Court.
Ha Was Present When the Laic
Jaccb Z. Davis Breathed
His Last.
Deceased Tri?c! to Dictate a Deed
After His Palse Had Appar
ently C ased.
Jchn C. 5-^nderling, who came 3000
mii.-s to lesufy in the Jacob Z. Davi« will
contest, was on the witness-stand in Judtje
Cofley's court yesterday. Tt.e courtroom
was thronged with interested spectators,
who naturally supposed that a man who
was sent for to come all the way from
Philadelphia ougbt to have a message of
great importance to deliver.
la response to Georgo A. Kniehl's ques
tions Mr. f-enderling told of the manner
in which lie came to meet the late Mr.
Davis during the last visit of the deceased
to the Eastern State* it; 1886 He also re
lated the circumstances of the sickness
that culminated ia the death of the maa
whose will is offered for probate.
After meeting Mr. Davis in Chicago Mr.
Senderling went to his home in Philadel-
phia and Mr. Davis went to Boston, ac
companied hv Mrs. John M. Curtis and
"Miss Lizzie Muir. He received a telegram
to meet Mr. D ivi-* in Boston ana pro
ceeded ihither, where he joined the party.
Mr. Davis appeared in his usual health
except that he was grieving intensely on
acount of the death of his wife, until one
day he complained that he was suffering
from a severe pain in the abdominal re
gion. He said that he aiwnys felt bad
when he visited Boston. He went to a
drugstore and asked a clerk for a dose of
castor oil, which he took ( and the day
afterward ttie party left for New York.
In New York they stopped at the Fifth
Avenue Hotel. He wrs still suffenne and
culled in a physician named Dr. Keys,
who prescribed some pellets that proved
to be compounded of a powerful astrin
gent. At any rate the action was too
severe and Mr. Davis decided to resort
again to the use of castor oil, a remedy
that has been in favor in California since
the days of 1349. The oil brought b.-ck
ihe old trouble and he had ihe prescrip
tion of the pellets duplicated by thedrug
eist without further con ultation with his
physician. The medicine again performed
its office too sudden, y, causing the patient
tntich pain. In the meantime the party
had started for Philadelphia, where they
arrived on Sattmlnv.
Mr. D vis w..s still feeling bad, though
he «lid not complain much.
In Philadelphia Mr. Davis thought it
his duly u> take Another ilo-e of castor
oil, and inioruied Mr. Senderliiig ihat it
was aijan causing him anuoi'ance. When
they arrived in Philadelphia Mr. Davis
and the la tie* went to the Continental
Hotel while Mr. Senderlinjr went to the
Windsor House. He saw Mr. Davis on
Saturday night, and, tbougn lie was not
well, be was not noticeably worse. On
Sunday they wmt to church together,
and on Monday he was nbie to wmlk about
-nine. Tuesday he remained in bed all
day, and on Tuesday nigh: ha became ho
much worse that Mr. Ser.derling sat up
will him all night, or at least occupied a
lounge in his room in order that he might
administer the medicine that had been
prescribed by Dr. Curtis, who had been
called in to a. tend him.
Mr. tSenderlinsj gave a dramatic recital
of tin- circumstances attending tua death
of Mr. Dtvis.
"About 6 o'clock in the mornine the
ladies knocked at the door and asked ma
it 1 wishtd to go to breakfast," said Mr.
| Benderiing. "I toid them that it was too
| early for me, and asVed them to go first,
saying !,hat I would wait and go when
they returned. A few moments later I
asked him if he would like to have some
| ciam soup. He Tas very fond 01" that and
always carried a spirit lamp with him to
lu-iu it. I Hud procured some bottled
clam juice for him and was ab ut to pre
pare some soup for him, having put the
calvan zed cup over ti.e blaze, when he
complained of another attack of pafn. 1
! took the hot cup and put it in a towel
and bad h m hold it over the place
where the pain was located in order to
give him some ease. All at once he said
to me, "My pulse has stopped." Ifeit,
and It seemed that he was right. He
Auction Baiee
;CHAS. LEVY & CO.. ADCTIOIgKIfci
b»lenraoins— 1 133 Market stras;.
THIS DAY.
Tuesday Juno 15. 1897,
Ai 10 o'clock a. m., at salesroom,
1135 MAUKET ST., BET. TTH & BTH,
WE WILL SELL ...
AN ELEGANT LINK OF Ji'RMTI'KE,
■:•' Carpets, 1 f>qut»r« Fiuiio, :
Of 50-room hnne. removed from Taylor's
Warehouse for convenience of sale.
.... comprising...
One Square Piano. Mantel Mirrors. 6 Plash Parlor
Beta, 50 Oak an 1 Will nil Bedroom ets, Beddlnp.
lUUO yards Carpets. Wardrobes, Folding B-da.
Extension Tab *■». Chairs, Laco Curtains, Dishe*.
Hileboards, Crockery, Glassware, Ramies. Stoves,
etc CHAS. i,i.V V A < i> . Auctioneers
usually had a strong pulse and often j
boasted of it, so when it stopped it was nil |
the more noticeable. He said to get pen |
and paper quick, as he wanted me to j
writ* something for him. I went into the j
next room, that was occupied by the ladies, l
and got some paper. It was in a box. as is j
usual with paper used by ladiep. They i
were not in the room at that moment, as |
they had none to Drenkfast. When I went i
back I ciosp-t the door, as I did not know |
what Mr. Davis wanted to say. and as it ;
was a deathbed statement I did not pro
pose that anybody should hear it unless
he wanted them to do so. 1 could not Ret |
a pen, and so used my pencil, holding the j
paper on my Unee.' 1
Mr. B«ad«rling pave the contents of ihe ;
writing, reading from tiio original, the j
purport of which has already been pub- I
lisiie 1 In The Call. It is in tue form of a !
bargain and sale iieed, purporting to con
vey to Mr*. Inabelle Curtis and Miss
Elizabeth M. Muir the property known as
the D.tvis Dome on Post street, and tiie ;
valuable piece of property on Kearny j
street that is generally called the Thur
low block. Before this could be finished
he grew too faint to speak, and Mr. Send- ;
er Ing opened the door and called in the j
younc women, telling them that he be
lieved their uncle was dying. He recog
nized them, and Mr. Benderling hastened
to the betel office and sent a carriole for a j
doctor. On his return he iound Mr. Davis i
unconscious. A short time afterward he
passed away. Thac was at 7 o'clock on
Wednesda> morning, the latter part of
October, 1396.
Mr. Sanderling testified that he read the
writing made at Mr. Davis' dictation to
the iadies immediately after the deatn of
Mr. Davis. He could not remember all
that v>as done and said for the reason that
he was so much excited that he did not
take notice of all that was i>assing.
The contestants of the will contend that
Mr. Senderling's testimony i« important,
as tney think that the sick man knew that
he was dying and that if lie had made a
wiil and left it in tbe urn containing his
wife's ashes he would have been apt to
have to.d bis friend where it was de
posited, instead ol attempting with his
lu-t breath to deed to the persons men
tioned in the will a portion of the prop
erty bequeathed to them in his last docu
ment.
To offset this presumption it is pointed
out that after Air. Davis made a will be
queathing ail his property to his wife, who,
however, died before he ilid, he also made
n, deed conveying to her his entire estate,
just as he hr.il b«nun to uo in behalf of
ins nieces, when death put forth the cold
hand and ended the transaction.
In seeking a motive for Mr. Davis' ac
tion in this regard, it is explained that lie
preferred to have nis property transferred
by deed if he could so arrantre i<, as he
feared that would be wastefuliy handled
if it got into the hands of the lawyers,
concerning the majority of whom he had
an opinion not any too complimentary.
On cros-exumination, thp will offtToi
in probate was handed to Mr. Senderline,
anil lie was asked if it was in the hand
writing of the late Jacob Z. Davis. He re
plied that he thought it was, bat he was
not prepared to swear positively.
Replying to Mr. Knight, trie witness
said he had never seen a letter from Mr.
Davis in which the name Jacob was use<l.
The signature was usually made "J. Z.
Davis."
FLORENCE IN COURT.
Beginning of tho Trial of Attorney
llergin's 550.000 Suit for Legal
Services.
The trial of the lawsuit of Thomas I.
Bergin aguinst Florence Blythe-Hinculey
for the recovery of J50.0J0, said to be due
for attorney's lees, began in Judge Hunt's
department of th« Superior Court yester
day.
The fair deiendant wm present, sur- j
rour.ded by an array of legal taieut that
would daunt a less doughty litigant than
Mr. Berlin. She was represented pri
marily by ex- Attorney-General W. H. H.
Hart, who has called to bis assistance ex-
Attorney-General A. L. Hart and Azlett
R. Cotton. Mr. Bergin das retained ex- !
Judge J. F. Sullivan and Matt I. Sullivan,
and, as he U a veteran lawyer himself, he \
toes into the fray with a lair amount of .
confidence.
Judge J. V. Coffey ol tne Probate Court
where tne case was tried was tne first
witness examined. He identified the
mas* of document! that had been intro
duced in the litigation, and said that he
remembered that Mr. Bergin was present
during the hearing of the motion of cer
tain defendants for a new trial. He was
also of the impression that Mr. Hart wns
there, but said that his notes of the trial !
would show the facts in that regard, j
Judge Coffey made a passing allusion to !
Mr. F. A. Franklin, a traveling salesman, says :
" About six months ago I bought my first box of
Ripans Tabules
and was so pleased with the result that I have since
bought them in various parts of the State. Beinfr
a traveling man, and compelled to drink all kinds
of water and eat all kinds of food, I find the Ripans
- Tabules are the best aid to digestion I have ever
tried."
SPECIAL AUCTION SALE.
At "Tattersall's," 721 Howard Street,
THIS DAY.
Tuesday June 15. 1897,
„,' At 11 O'clock a. m..
By order of I). McCormick of Stockton,
We will sell 6J Heal of Horses from 900 to 1300
lbs., nearly nil broken to hum several Road
Horned; Matched learns; Miik-wnuon Horses;
one Fasl Pacer; BlacK siii!ile-foot<>r, gentle for
lady ; also Wasons Bug sles, Carts, Harness, e - .c
IST So Reserve or Limit.
A. 1.. CI'.KSMVKI.i,, Lives ock Auctioneer.
the fact that some exceptions had been
tajten to bis opinion in denying the mo
tion for a new trial, whereas, in fact, the
words objected to were transferred from
one of Justice Story's decisions, and it
was so stated in tlie paper filed by him.
The circumstances were similar, and he
had quoted Justice Story's remarks as ap
propriate.
A subsequent examination of Judge
Coffey's notes of the trial revealed the
fact that Mr. Hart was present only a
short time, and that Mr. Berlin had
almost entire control of that branch of the
litigation. Mr. Hart, it transpired, was
in Washington, D. C, fighting for the
rights of his client in another direction.
Qeorgfl W. Miller was called as a wit
ness and identified a laree number of
briefs ami pleadinea tnat were drawn in
Mr. Berlin's office or a' his dictation.
Following are the names of the jurors
selected to try tne issues presented:
Samuel Harr.s. Morris Rafael, H. H.
Heckman Sr., Albert 11. Gunnison, E C.
Fcwler. James .Hawk, IS. J. Reynolds,
Emil Kehrlein, James C. Blair, Charles E.
Lung, L. El:as, M. H. Mohrdick.
Further hearing of testimony will begin
this morning.
Divorces Granted.
Judge Hebbard yesterday granted the follow
ing divorces:
Abbie Gregory from William G. Gregory, for
extreme cruelty and intemperance.
K.cnda Johnson from Martin Johnson, for
extreme cruelty.
William l)>err was yesterday granted a di
vo;ce from Deila Docrr lor desertion. Judge
llunt severed the nuptial knot.
Divorcn Suits Begun.
Suits for divorce were begun as follows in
the Superior Court yesterday :
Robert C. Stevenson vs. Minnie Stevenson.
rtion.
MUlio Wratten against Frank Wratten, for
cruelly.
Mrs.' M. V. Kirketerp against William C.
Kirketerp, for iiifldelity.
Fell 1 hrough » Skylicht.
George Taylor, n. painter living at 2612 Fol
scm street, is und r treatment at the Ktielv
ing Hospital. He is ; Tillering from a lacerated
lip, a broken nose ur.d finger, as well as a frac
ture of his two greM i ■•«•>. 'i. c unfortunate
m<n was at work ' n the r iof of a three-story
building at 820 Facram.n:o st- 1 1, when he
Btumbtetl «nti ie 1 t.oaj.. t c sk. ■iiglr, a dis
tance of fifty feot
TBUSfEri SALES.
TRU STICKS' SALIS-IN ACCOHDANCE WITH
X. the terms and under the authority of a certain
deed of trust, duly executed by WILLIAM (i.
WATERS party of the first part, to HKXKY C
CAMPBELL and THADI/ttUs i:. KENT, trus-
tees, parties of the second part, and the SAN
*'KaN(;iscO SAVINGS UMuN", party of th«
third part, dated July -J'M, 1891, and recorded
in the office or the County Recorder of the
County of San Luis Obispo, State of California,
in liber 10 of trusi deeds, at pages 95 and follow.
Ins;, and in pursuance of a resolution passed on
the 13th day of May, 1897, oy the board of direc-
tors Of said SAN FKANCISCOSAVIXU3 UNION,
a corporation, and the holder' of the note (No.
11,10'J). to secure payment of which the aforesaid
deed or trust waj executed, ('echinus; that default
bad been made in the payment or the principal
sum and other turns due under said note and
deed of trust, and requesting and directing said
HENRY, C. CAUPBKUi and TIIADDKUS B.
KENT, trustees, to sell the real estate described
therein to satisfy said indebtedness,
We. HK.Ni.V C. CAMPBELL, and TIIADDEU9
B. KENT, trustees, do hereby givo notice that on
TUESDAY, the IMh day of Jure, A. D. 1897.
at V£ o'clock noon of that day, and a; the auction
salesroom uf Easton. Kldrldga &Co., No. 6'AH Mar-
ket street, in me City and County ot can r raucisco,
Mate of California, we will sell at pudiic auciion,
to the htehesl bidder, for cash In cold com or ilia
United s-iuies, the pieces or parcels ot tana situate
in the County of Sac i uis Ot-i po, State of Califor-
nia, described as follows, to wit:
Lots or subdivisions niimlieis fifty-four (54) and
-seven (*>7). as the same are laid down and
shown on the map entitled "Map of the t-m.di
visions of the lianchos Canada de 1 os Ososand 1. »
La. una, San Luis cb:spo County, CaL. sur-
veyed by James T. Pint ton, May, 1838." file!
October Ist. J869. in the ollice of the County Re-
corder of said County of San Luis Obispo. and now
of record In liber ii of deeds a; pages 636 and 6 '7.
special reference being hereby made to said map
and the record thereof and the field nous from
■which the samp was compiled, for further or
more particular description of sal'.' lots;
said lot nnmb-r fifty-four (54) containing
sixty-one and seventy ont-hunJredth!) (bl.7u),
and said lot number fifty, even (57) contal .Ing
one hundred an. I twelve and seventy-five out-
hundredtbs (1I&75) sc es of laud:
i Savin* and excepting, however, from said lot
number nTy-four (54). a strip thereof twenty-
two (22) f -et in width along the north line of *atd
lo , i nJ extending rom the west line of lot num-
ber titty-two (b'i) an shown on said map, to the
tublicrOHd on tne west line of said lot number
fif y-r'.'ur (54): together with the appurtenances.
TEI-JIS OF SALK— Cash in gold coin of th9
United States, 10 per cent payable to the under-
signed on the fall of the hammer, talance on de.
livery of deed, and if not so paid, unless for want
of title (ten days being allowed for search), then
said 11) per cent to be forfeited, and the sale lo U»
void. Acts of sale at purchaser's expense.
HENRY C. CAMI'BKLL,\ _, ,
. .THADDEL'S B. KENT. ) Tr ""eev
/^~^%. r « Gibbon's Dispensary,
i*gjHf)2r)KEAB>YST. Established
roTllk^ rVfa lSff.4 lor the treat Private
Jsorft«Wfc**( IMsoi-! ;e«. Lost Manhood. Debility or
"SB? tttStSai disease wearing on bodyand mind and
«§RB«3i !:>kln Diseases. The doctorcures when
' "feS nslilla B fall - Try him. Charges low.
iSma£BO|rnreiicnai»iiired. Cnliorwritd.
itr. j. v. t, CBBOJf. Box 1057.50n franciaca
9