The San Francisco call. [volume], August 24, 1897, Page 12, Image 12

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

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12
BUSINESS
MEN FAVOR
FAI R TAXES
State Equalization Board
May Be Asked to Prevent
a Eaise.
"CALL'S" SUGGESTION POPULAR.
Property of Decreased Worth
Assessed Above Its Income
Value,
IS COJTSEQUEXCE OWJERS PROTEST.
Declare That Eates Are Higher in
This City Than Elsewhere in
the Union.
Without an exception the representa
tive business men who have so far been
seen indorse The Call's suggestion that
the taxpayers appear before the State
Board of Equalization with the object in
view of preventing a raise in the City's
assessment. The idea of having a special
committee of the Board of Supervisors ap
pear before the equalization board in be
half of the City is also looked upon with
favor.
The general impression seems to be that
if business men and taxpayers would
watch their interests more closely and
cease to leave them in the hands of par
ties who are only interested in their own
affairs taxes would be paid in proportion
to the commercial value.
Considerable comment is made concern
ing the taxes paid on property which now
produces but from one-third to one-half of
the amount of rent collected but a few
years ago. The impression that such prop
erty is being assessed higher than the in
come or the value of the property war
rants calls forth bitter protestation.
S. Sachs of Sachs Brus. & Co. spoke of j
the high rate of taxes already being paid |
throughout the City. He said: "Argu- ]
ments and not threats must be laid before
the Board of Equalization, and a splendid
medium for the purpose is The Call. I
heartily indorse the movement, and hope
that the result will be not only beneficial
to the heavy property-owners, but to the
taxpayers at larce. Property values are
assessed as high or higher than they were
five years ago, waile the rates are propor
tionately lower. This is one ol the main
jeasons why the matter should be cor
lected. The tax rates are higher here than
in any other part of the Union, and the
reason for this lias always been a source
or" wonder to me. The impression that
tfc c City has the wealth of the coast may
account for it to a certain extent, but the
in terior parts of the State cannot get alonn
without us and vice versa. We should
shew fight against this outrage, and the
resnult may be beneficial, but when the
tax,oayer3 remain in the background and
do or say notning, what can be expected?
'"1 am willing to pay taxes on four or
five million dollar bonds issued by the
City ior general improvements, but the
idea of having to pay general taxes on
property wnich is assessed far above the
Belli c c price or :he price which could be
collet ted at a forced or auction sale is
rather discouraeing 10 me. I nope the
good -wort will go on,' ;
Mr. Goldberg of Goldberg, Bowen & Co.
Baid: "I mo-t assuredly indorse the
movement of The Call in this matter. I
am now paying tuxes on property in the
outside lands blocks which amounts to
more, taken from an assessment accord
ing to valuation standpoint, than the
property is actually worth in the market
to-day. Property is going down, down,
down, and the taxes are rapidly going the
other way and there seems no help for it.
I recently sold some flats on California
street which were actually eaten up by
taxes. I firmly believe that I paid taxes
there and in other places on property 25
per cent above ;he market valuation.
•'Now is the time to make a decided
KEW TO-DAT.
Our competitors — the high class tailors.
D D
ffOOS BROS
27-37 Kearny corner Post
Fence up ;
prices down.
" How is it, you claim your cloth-
ing to be so good."
Yes, we claim and prove it.
It's like this; we've sold clothing
on this corner since most of you
were boys, have a good name and
must keep it.
Know no better way than to
give good value.
Put every piece of cloth to a
severe test before making up.
Then have the making done
carefully, each garment being ex-
amined for defects before leaving
the factory.
On top of all that we offer to
give your money back cheerfully
if dissatisfied.
Boys' combination suits, fast color, all
wool ; 1 coat, 2 pants, 1 cap, all same
material, for ages 8 to 15 years, worth
$4.50. Now $3.50-
Boys' long pants suits for ages n to 19.
Exceptional value. Worth J5.00. Now
$3-50.
Sixty all wool suits for men, worth
$10, $11, $13. Now $7-5°-
One hundred and ten suits for men, all
wool, thoroughly well made, in sacks and
frocks. Mixed colors, black and blue
cheviots. Worth $12, $14, $15. Now
stand, and I would like to be in the front
row. Tnose out in the Mission and out
aide land districts suffer more than the
property-owners on the principal streets
of the City, and if either party should be
unjustly taxed it should be those who
have a chance to rent their property and
not those who build houses for domestic
and not business purpose*."
A. Nordman of the Standard Optical
Company is another representative busi
ness man who indorses The Call's move
ment. He said: "We have formerly left
it all to the politicians and not interested
ourselves in a matter which most assuredly
interests us as much or wore than any
other thing: connected with the successlul
carrying on of business. Property is as
se-sed higher and rents are becoming
lower and lower as the years go by, which
is a condition of affairs hard for me and,
I suppose, for others to intelligently
solve. We should put our shoulders to
the wheH and help The Call in a matter
vitally important to all business men and
taxpayers. I am in Javor of lower assess
ments on depreciating property, and hope
that the result attained will be in har
mony with the wants oi v; all."
L. C. Meyer of C. H. Mever & Bro. is of
the opinion that taxes are too high for the
comniarcial value of all property in the
City and County and hopes that the move
ment of The Call will meet with the
hearty approval ot ail taxpayers. He said:
"Taxes are high and are spent in the
wrong direction. It is not so much the
question of having the taxes reduced as it
is to prevent them from being yearly
raised. We should use the money paid
out for taxes in the improvement of our
poor sewers, our school system, plumbing
system and our disgraceful streets. Our
streets are in a terrible condition, and yet
the taxes on the property on the streets
which seem to be the poorest actually get
larger and larger as the streets get p .orer
and poorer.
"It is a condition of affairs which should
arouse the business men to action in sup
porting The Call in a manner not soon
t6 be forirotten by those who should do
the work themselves."
A. Roos of Roos Bros, said: '"I heart
ily join The Call in a movement which
should have been taken up by the business
men years ago. Let such good worK go
on and our City will be improved in more
ways than one."
J. Taussie said: "1 don't see how any
one can help indorsing a movement
which will ba beneficial to all property
owners if successfully carried out. I with
others believe that property is being as
sessed far above its commercial value."
Raphael Weiil said: "The Call's move
ment is a splendid and just one, but as
far as I am concerned I would be satisfied
to leave my interests iv the hands of the
admirable committee of Supervisors
which has been appointed to go before the
Board ofEaualizaiion in connection with
our Mayor."
Henry Lyonsof the Eagle Clothing Com
pany said: "I wish The Call unlimited
success in their admirable venture. I will
anxiously' await the resuit and also hope
to give my support to the movement. It
is of interest to all taxpayers throughout
the State, especially those in this City.
Sixty-five to 95 per cent is burden .enongh
for a peaceable community.
"Naturally representative citizens be
fore the Board o: Equalization would tend
to place the matter in a proper light, and
1 hope the result will be as wisned and
worked for."
PAINTED ON HIS HAND.
A Mongolian Uses Palmistry
in Selling Lottery-
Tickets,
A Unique Method of Toiling Police
Officers Who Look for
. Evidence.
Officers O'Connell and Meridith of the
The Latest Device of the Wily Mongol for Concealing a Lottery
. Drawing,
Chinatown squad made an arrest of a
dealer in lottery tickets yesterday which
breaks the record for unique arrange
ments to foil the officers. Tbey entered a
store where it was believed that tickets
were sold, and, just as they went
in the door, they noticed a Chinaman
make a peculiar movement and clone his
hand tightly. When the hand was forced
open It was found that a marked ticket
was painted on the palm.
The man was taken to the California
street station and Gong Dong, the police
inierpreter, said it was a perfectly marked
ticket. Since ibe squad has pushed the
ticket-vendors so closely they are com
pelled to use every subterfuge possible, and
in ihis ca.-ii it is supposed that the man was
afraid of being seen writing on paper, so
had a fac-simile ticket on his band. When
a purchaser came he would mark the
hand and then go to his room, where he
would make a ticket to correspond with it.
VETOED TILTOFS BILL.
Mayor Fhelan Want* It* Validity Set
tled by the Supreme Court of
the State.
Mayor Phelau lias decided to reouen the
question of the payment of fees to the City
and County Surveyor for engineering
work done for the City, claiming that the
Surveyor has no right to any emoluments
beyond the specified salary allowed him
as such officer. To bring the mutter to an
issue he has vetoed a demand for pay for
engineering work presented by Mr. Tilton,
and thus places that official under the ne
cessity of taking the mutter into the courts
for decision.
Judge Ilebbard in the case of Daywalt
vs. Widber, Judge Hunt in the case of Til
ton vs. the City and County and Judge
Sea well in the suit of Tiiion vs. the Board
o! Supervisors have decided that the Sur
veyor is ex-< fficio engineer of the City and
County. The matter has never been taken
to the Supreme Court, however, and the
Mayor is desirous of having the legal
questions involved sealed by the highest
court in the Stat- .
OenningH Mh«t Answer.
Judge Seawell has overruled the demurrer
in the case of Attorney C. M. Jennings against
charges for disbarment which are pending
and baa allowed tea days ia waica to answer.
THE SAN FRANCISCO CALL, TUESDAY, AUGUST 24, 1897.
DESERTED, BLIND
AND EVICTED
Sorrowful Fate of Unfortu
nate Mrs. James
Kelly.
Her Husband and Children Leave
Her Helpless and in
Poverty.
Compelled to Camp in a Lot While
a Son Hunts for Shelter
for Her.
Blindness has cast its blighting pail
over her life, husband and children have
deserted her in her hour of affliction, and
to make the saddest of sal stories com
plete the stern arm of the law Has been
invoked and hat cast ncr homeless into
the street.
Such is the mournful fate of Mrs. James
Kelly, who until yesterday lived at U519
Harrison street, but who is now camped
in an empty lot at the corner of Four
teenth and Folsom streets until she can
procure a house, no matter how humble,
under which to shelter a weary head.
Up to two months ago Mrs. Kelly had a
husband, an able-bodied son and two
healthy dauehters to aid her in bearing
the burden ol life, but all dropped away
and left her to her fate. First the hus
band lefi, ostensibly to look for work in
the mines, and men one of the grown-up
daiighters vent away, saying that she had
procured work in the Western Addition,
but never came back. Soon another chair
was vacant at the family table and the
last prop fell away. A son on whom the
mother had relied to keep the wolf from
the door disappeared and was seen no
more. A second daughter was the next to
go, and the unioriunate woman was leit
with one son, who is out of employment,
a daughter on whose lace a wasting dis
ease has placed its awful stamp, and three
small children who are dependent on
these unfortunates for oread.
When rent day came around a month
ago there was no money with which to
pay and Mrs. Kelly was compelled to ask
for time. Tue dreaded day came again
and still the rent was delinquent, and the
landlord began proceedings to have the
family ousted, the suit being granted be
cause the poor woman had neither money
to pay for rent or hire an attorney.
She was given the customary time to
vacate, and yesterday the Sheriff's depu
ties were reluctantly compelled to place
her belongings m the street. When tliey
saw how really unfortunate her condition
was the kind-hearted officers tried to in
duce the landlord to allow her to remain
for a day or two until she couid try to
procure other lodgings, but he was obdu
rale, and they were obliged to obey in
structions.
When the goods were finally on the
street the retraining son went to see
whether a friendly exprassman would not
convey the furniture to a plnce where it
would be free from danger of being
smashed by passing tennis, and, as he
lefr, the mother, with tears running liom
her sightless eyes, bagged him not to
desert tier but to return and help her
alone until her earthly troubles were over.
The goods were finally landed at the lot
mentioned and the son started out to find
some one who would give them at least
temporary shelter.
"1 am deserted by all except those
now about me," said Mr.«. Kelly, "and if
it were not for the little ones I would pray
for death to end this hopeless struggle."
TEACHERS REORGANIZED.
A New Constitution, New Officers and
New Flans for the Ensuing
Tear.
The San Francisco Teachers' Club held
an important meeting last evening at
which a reorganization was effected which
the members feel will materially aid in
carrying on the work of the coming year.
Milton K. Blanchard, the retiring presi
dent, read his annual report in which the
work of tho last year was reviewed, and
the plans of the future were briefly
touched upon. The secretary, A. C. Mark,
presented a report covering the same field
in more detail.
A committee of fifteen, on reorganiza
tion, reported a new constitution, which
was adopted. A list of lecturers ana class
leaders ior the year was also presented
and approved.
Officers for the ensuing year were elected
m 1 follows: A. Kellogg, president; Mrs.
L. K. Burke, vice-president; Mrs. M. M.
Fitzgerald, recording secretary; S. A.
Whiie, :reasur»r; Mi«s E. A. Keating, li
brarian; Miss M. E. Donnelly and Miss
Frank Hodgkinson, directors.
A resolution pledging the support of
the club fo the approaching State Teach
ers' Convention was adopted.
Bennie Miller Free.
The case of Bennie Miller, the 8-year-old
boy charged with manslaughter in (mooting
Lizzie Adami, his playmate, last Friday til
Third avenue and J streets'. South «an Fran
cisco, was called in Judge Conlan's court yes
terday morning. The Judge dismissed the
case, as no said the shooiing was purely acci
dental.
Inglegide Coursing Citation.
M. J. Donovan, surviving partner of the late
Jack Dalton in the Inulesidc coursing park,
has been cited to appear in Judge C'oS-y's
court and give an accounting of the receipts
of the business. Mrs. Daiton complains that
she is not fairly treated in the division oX the
profits.
THE BAIL OF
A.M . LAWRENCE
Power of Police Judge
Campbell to Forfeit the
Bond.
Extended Argument Heard by
Judge Wallace on the Writ
of Prohibition.
Saturday Next the Last Day for Talk.
A Decision Will Then Be
Rendered.
A demurrer to the writ issued by Judge
Seawell to restrain Police Judge Campbell
from forfeiting the bail of A. M. Lawrence,
one of the Examiner defendants in crim
inal libfel proceedings, was argued before
Judge Wallace yesterday. Judge Campbell,
Grove L. Johnson, Waiter Linforth, Gar
ret McEnerney, A. J. Clunie and W. H. L.
Barnes were present.
At the outset Mr. McEnerney, counsel
for Lawrence, wanted further delay on the
ground that he had just received notice of
the demurrer. Mr. Johnson briefly called
the court's attention to the fact that the
question presented In the demurrer was
the same as that net forth in the petition
to dismiss the writ ana that McEnerney
himself had suggested demurrer as the
pioper proceeding.
Judge WalJace decided to let the argu
ment, proceed and give counsel for Law
rence opportunity to reply at another time
if they desired. The Judge also reminded
counsel that the case had been arbitrarily
assigned to him by the Presiding Judge.
The constitutional neht of the Presiding
Judge to make the assignment was not
disputed.
Mr. Johnson then recited the history of
the case, setting forth the arrest of Law
rence for criminal libel on complaint
sworn to by Ciaus Spreckels, and all tne
intermediate incidents leading up to the
issue of the writ of prohibition by Judge
Seaweil to restrain a forfeiture of Law
rence's bail bond by the Polic* Court.
The question, after considerable skirmish
ing on the part of Lawrence's counsel to
avoid the main point, turned 0:1 the prop
osition as to the jurisdiction of the Police
Court to decide whether tbe defendant
should be actually present in court during
the examination.
The court asked Mr. McEnerney if the
proportion of jurisdiction was disputed,
and he said it wa<4 not.
Mr. Johnson contended that it made no
difference how erroneous the ruling might
have been, the defendant had a speedy
and adequate remedy.
The court suggested that when the
question arose somebody had to decide it,
and that Judge Campbell was the only
one to render tne decision.
Mr. McEnerney said: "Suppose he
made a void order? Our conteution is
that he did."
Many incidental questions were raised;
the sufficiency or rather ihe application
of the bond was discussed, and much
time was consumed in argument or talk
until the proposition was again narrowed
down to the question wcether the Police
Court had the power to compel the per
sonal attendance of the defendant.
Mr. Clunie insisted that Judge Campbell
had no power to decide either one way or
thf other.
Mr. Johnson directed the court's atten
tion to the law as expressed in the statutes
that the delendam must be personally
present before the trial can proceed, and
that the witnesses must be examined in
tne presence of the defendant. The elabo
rate argument was sustained by the cita
tion of numerous decisions bearing di
rectly on the question at issue, ana many
replies weie made 10 inquiries from the
court and opposing counsel.
Mr. Clunie in reply contended that the
provisions of the statute requiring wit
nesses to be examined in the presence of
the defendant was placed there 10 benefit
the defendant and could be waived if the
accused so desired. hie cited authorities
on the point. It was further contended I
that the bond could not be forfeited until
the defendant retused to appear in the
court before which ho was finally held.
So much wus said about the peculiar
features of this particular bond that the
instrument of bail was sent ior ana care
fully scanned by the court and all the
lawyers present.
Judge Wallace thought it was plain
enough that the bond required the de
fendant's presence at the examination in
ihe Police Court whenever such presence
was required by the court.
The discussion took, a wider range. Mr.
Clunie said it wus not right that the de
fendant, Lawrence, should be compelled
to attend the Police Court day after day
for weeks and neglect the paper which
needeii his services as editor. "This ques
tion," said Mr. Ciunie, '"is of great import
ance to the defendant, who ia the manag
ing editor of a daily paper, and I bore
your Honor will give the subject the most
careful examination and consider all the
authorities presented. Tiie question is
great iv importance. It may possibly in
volve the suspension of a paper. Judge
Campbell may barrass the editors and
bring them one by one into court."
Grove Johnson did not betray any alarm
or agitation at the possibility of this great
calamity, but calmly proceeded with the
Jpgat argument 10 t.e effect that the
Police Court had power to determine the
question whether the defendant should be
present.
At the expiration of three hours' talk
and after numerous authorities had been
cited and carefully noted Judge Wallace
said he would permit further argument
any day this week between the hours of
12 o'clock noon and 2 p. M. until Saturday
at 10 o'clock in the morning, when he
would listen to final argument and decide
the case.
Mr. Clunie remarked that his leading
associate, Mr. McEnerney, would be en
gaged elsewhere all the week, so he ac
cepted Saturday as the day for final
argument.
EUGENE KENNEY ASSAULTED.
Beaten by the Brothnr of the Man lie
Killed.
There was an exciting scene in Judge
Dunne's court yesterday when Eugene
Kenney, the slayer of Patrick Dolan, was
taken into court that be might be form
ally committed to the insane asylum
and tba jury summoned to try him for
murder be discharged.
Michael Dolan, the brother of the mur
dered man, was in tne room, and upon
Kenney's appearance furiously attached
him and began beating him about the
head.
Dolan was promptly seized by officers
and taken down stairs to the City Prison,
where he was char-red with battery.
Judpe Dunne subsequently requested that
Dolan be discharged from custody.
A Sin.ll Fire.
At half-past 2 o'clock yesterday afternoon a
fire broke out in the storeroom of McCabe's
lodging-house at 1025 Market street. Tha
Fire Department was called out and the flames
wore prevented f?om spreading. The duinage
will n Ol exceed $200. The origin of the tire
is unknown.
The fac-aimile ST/P v/^/r* J*""* i» on every wrapper
•igaature of yvz&ffl<C&44& .of CASTOBIA, .
BEATEN, ROBBED,
HALF DROWNED
George Graham, Deckhand,
Relates a Strange
Experience.
Says He Was Deliberately
Thrown Overboard, but
Swam Ashore.
He Was Picked Up Unconscious at the
Presidio and Taken to the
Receiving Hospital.
George Graham, a deckhand on the
steamer Sonoma, had an experience yes
terday that he will not forget in a hurry.
He was paid off yesterday morning, re
ceiving $50 in coin. To celebrate the acces
sion of so much wealth he went into a sa
loon on the water front. Five men were
standing at the bar and Graham invited
them all to drink with him.
They had a number of drinks and Gra
ham foolishly began to brag about his
money, which aroused the cupidity of his
guests. They invited him to have a sail
on the bay, and Graham jumped at the
bait.
A boat was hired at one of the wharves,
Graham does not remember which, and
he paid the fee. They sailed along till
they got almost opposite the Presidio bar
racks, when he was thrown to the bottom
of the boat and beaten about the lace and
body till he was almost insensible. While
two of them were beating him the others
were going through his pockets.
He yelled for help, and to drown his
cries he was lifted up and deliberately
thrown into the bay. The cold shock
somewhat sobered him, and being a good
swimmer he struck out for the shore,
which was not a creat distance away. He
succeeded in reaching the shore, but was
so exhausted that he became uncon
scious.
One of the soldiers at the Presidio hap
pened to pass alone; the shore two or
three hours afterward and found Grafiam.
He thought at first he was dead, but
finally succeeded in rousing him to con
sciousness.
The North End police station was noti
fied and the patrol wagon was sent for
Graham. He was taken to the Receiving
Hospital and Dr. Weil attended to his
injuries. Both eyes were blackened, his
lips were cut and swollen and he was
bruised all over his body.
When searched $12 10 was found in his
pockets, and he thinks he had been robbed
of between $.'S(J and $35. Ho knows one of
the men, lie thinks, and has given a
description of him to the police as well as
of the other four. It is expected that they
will all be arrested soon, as the man from
whom they hired the boat was also able to
describe them.
NO STATE RIGHTS.
Collector Jackson Ignores the
Authority of the Quaran
tine Officer,
He Orders Ships to Land That Were
Prohibited by Quarantine
Officer Chalmers.
When Captain Sealby, master of the
Coptic, attempted to go through the Cus
tom-house yesterday he had some little
trouble owing to his having broken the
envelope containing the healthcertificates
of the Federal quarantine officer, in order
to meet the peremptory demands of the
Stale quarantine officer. Deputy Farley
called attention to the broken envelope,
and suggested that the master of the Cop
tic go and see the Collector.
When CaDtain Sealby reached the Col
lector's office he was asked to make an
explanation. The captnin sai. that he
had not heard thai there nud t. n any
friction or disagreement between the
Federal and State officials in the matter
of the quarantine. At the time the vessel
was boarded by Dr. Chalmers she had just
come out of a bank of fog. and another
fog bank wan looming ahead. There was
an opening between the two, and the cap
tain was very anxious to take advantage
of that so that he inisrht have no difficulty
in landing.
Impelled by the impatience of the pas
sengers, who wanted to land as early as
possible, and his desire to Keep his ship
safe from injury, in a moment of haste,
having no one to advise him, he took a
paper-cutter and cut open the envelope
on the edge so as not to injure the Gov
ernment seal and took out. the bill of
health for the inspection of the State Quar
antine Officer.
"Had I known that there was an issue
at stake,'' added the captain, "I would
have obeyed the Federal authorities at all
hazards, and I will hereafter do so."
The agent of the O. and O. steamship
line assured the Collector that such a
thing would never happen again, and
th.it he would give official notice to the
masters of every one of the ship;) of that
line so as to reach them before tney came
into port that they must obey the order of
the Federal Quarantine Officer.
The explanation was satisfactory to the
Collector and he waived further proceed
ings that he might have taKen against the
master of the Coptic for breaking open the
official seal of thedepartmentaud directed
the officers to allow the vessel 10 land. The
Umatilla and tne ship Loch Cavron from
Newcastle were directed by the Collector
of the Port to land, notwithstanding the
order of Quarantine Officer Chalmers that
they should not land until they had
allowed him to look over the bill of health,
the Collector having promised to stand
between them and harm.
BLISS BEFORE BAES.
Charles Schmidt Prefers .V a Triage to
Being in Prison.
Charles Schmidt, a nurse at the German
Hospital, was arrested yesterday after
noon by Policeman P. Whalen on a war
rant charging him with betrayal under
promise of marriage.
The complaining witness was Margarette
Voss, a handsome woman living with her
aunt at 1817b Howard street. She met
Schmidt last December, and they soon be
came engaged to be married, but lately he
had shown no disposition to carry out his
promise.
Schmidt did not relish the idea of being
locked up in the City Prison, and ex
pressed his anxiety to marry Margarette.
She had accompanied him and the officer
•o the prison, and the marriage license
w>\s soon procured and Justice of the
P-ace Kerrigan made them man and wife.
Judge Low thereupon is»u*d an order re
leasing Schmidt from custody.
HYPNOTISM NOT
A GOOD DEFENSE
Japhet Ebanks Must Hang
for the Two Ocean
side Murders.
The Supreme Court Sends the
San Diego Murderer to
the Gallows.
He Killed Mrs. Stiles and J. B. Bor
den While They Were Camping
Near the Beach.
The Supreme Court yesterday affirmed
the judgment of the Superior Court of
San l)iego Coun.y in the celebrated mur
der case of the People vs. Japhet Ebanks,
who murdered Mrs. Harriet Stiles and J.
B. JJorden at Oceanside on September 6,
1895.
The case went up on the point that the
conviction was on circumstantial evi
dence and that the lower court erred in
refusing to allow a hypnotist, B. A.
Stephens, to testify that he hypnotized
the defendant after the murder and that
the latter denied the crime when under
the hypnotic speli.
Commissioner Searles investigated the
case aud gave the opinion, which the
Supreme Coun affirmed. He held that
the circumstantial evidence was clear and
convincing and that there were no
crounds for changing the opinion of the
trial court. In all this the Supreme Court
allirmed the decibion.
Commissioner Searla took occasion to
say, wnile passing on the question of hyp
notism, that the law did not recognize
hypnotism and that he would not tor a
moment entertain that point of the de
fense. In passing on the case tLe Su
preme Court agreed, but Justice McFar
land took occasion to say that he did not
quite agree as to the attitude of the law
toward hypnotism, but he added that it
was not necessary to di-cuss that point in
detail in the case at bar, as the hypnotic
evidence offered in that case was emi
nently improper, irrespective of the fact
that the law mizht recogn:ze it in other
cases.
The Ebanks murder mystery created a
great deal of excitement at the time, for
the old man and woman, who were spend
ing mi outing season at the ocean, were
killed without apparent motive. Defend
ant had been under great religious excite
ment a short time before the murder, at a
Seventh - day Adveuti^t camp -meeting,
and had followed his revival experiences
with a heavy debauch. The Supreme
Court remanded niin to the Superior Court
to be sentenced to death in accordance
v.'ith the original verdict.
WHO OWNED THE MONEY?
Tlie Charge of Grand Larceny Pre
ferred Against Ex-Pastor Kenneth,
liuucan Dismissed.
The charge of grand larceny against
Kenneth Duncan, the ex-pastor of How
ard Presbyterian Church, was dismissed
by Judge Low yesterday morning.
The complaining witness was Mrs. John
Axtell, wife of the keeper 01' a restaurant
on Sixth street. Duncan was employed
in the restaurant for a lew days and Mrs.
Axieil alleged that be stole $85. Duncan
left the City and went to San Jose, where
he was arrested.
Mrs. Axtell was too ill to appear in
court, but her husband went on the wit
ness-stand and asked, for the sake of
charity, that the case be dismissed. Tne
money, he said, was his and he was will
ing that the ex-pastor should not be
prosecuted as he believed he was insane
and not responsible for his actions.
Detective ODea informed the court that
Mrs. Axtell claimed that the money stolen
belonged to her and she wanted to prose
cute the case. She had requested him to
est for a postponement of the case until
she was able to appear in court.
The Judge expressed the opinion that
in view of Axtell's statement he could do
nothing but dismiss the case, altuough
Mrs Axtell could secure the rearrest of
Duncan if she so desired.
Attorney Nagle, who represented Dun
can, asKed the Judge to surrender bim to
ttie custody of the police that he might be
examined as to his sanity, but the Judge
refused and suggested that a warrant
could be obtained from any of the Su
perior Court Judges.
QUESTION OF VERACITY.
Charge of Arnault With a Deadly
Weapon Acnlnst Antone Wilson
Dismissed.
Antone Wilson, a cook living at 4105
Eighteenth street, appeared before Judge
Low yesterday afternoon to answer a
charge of assault with a deadly weapon.
The complaining witness was C. T.
Lindwald, who alleged that Wilson on the
night of August 3 pointed ' a revolver at
him and threatened to shoot him. Lind
wald had to defend himself wiih a chair,
and Mrs. Augusta Boyens, who Jived in
the same house, jumped out of the win
dow and sustained injuries that have since
confined ber to her bed.
Wilson in his defense denied that he
used a revolver. He had supported Mrs.
Boyens for the nast five or six years and
when he found Lindwald in her room they
had some angry words, bat no weapon was
used.
As it was a question of veracity between
Lindwald and Wilson the Judge gave the
defendent the bonetit of the doubt and
dismissed tbe case.
Deputies Farley and Jerome Thanked.
The Secretary of the Treasury sent a letter
which Collector Jackson received yesterday
extending the thanks of the department to
Deputy Collectors Jerome and Farley for
their suggestion that consular certificates
should be made uniform in size and style
The letter announced also ihat the depart
ment had adopted the suggestion and had
notified all the consular officers of that fact.
SEW TO-DATJ
In Tirelessly Waging
of life the nerves are ' **
the worst sufferers, ttiO Rilff l£k
Dr. Miles' New Sys- tllC LfClLtlt?
tern of restorative Remedies have sustained
many weary men and v.omen when physical
and mental exhaastion seemed imminent.
When the brain is all in a whirl, when the
dead, oppressive pain at the base of brain is
almost unbearable, or when the eyes are
fairly dancing from shooting neuralgic agony
■-V B.A*| 4 across, the forehead
lip n/i | IpiC from temple to tern-
"■ •:? (filler pie, get a bottle oi
Bold by all drugsisis
on guarantee to ben- IWl^x ,\^m.***.
eflt. -Book- on heart Nervine.
and nerves sent free.
DB. MILES MEDICAL CO.. Ellehnrt. Ind.
NOTARY PUBLIC.
A. J. HENRY, NOTARY PUBLIC,
(*nQ MAKJCKT f-T., OPP. I'ALACK HOl'iSl* j
i \JOO TeUphone 670. Ketideaco 9\i9 VKltJMlff
1 KiMd leleptwat "Wbuxca" 1.0,
JTEW to-day: \ ; . I
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— - Our r|
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I IS THE GREATEST I
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9 The reason of the popu- $
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g Shoes — all styles, all x
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X have such a tremendous %
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9 we are going to let them X
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6 No matter what you 9
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jWE HAVE |
| MARKED I
! PRICES I
| WAY DOWN I
$ We have marked the S
9 prices of Shoes down to 2
6 one-half their real values. 9
1 For $
5 $1.00 $1.25 o
I $1.50 $1.75 I
t $2.00 $2 50 8
? AT THESE PRICES |
g You can get fine Men's g
9 Shoes that are worth 9
5 twice as much. Ladies' | 1
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g We sell Shoes and nothing o <
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We Have Jfo Branch Stores. |
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i shoe co., i
I PHELAN BUILDING. 5
1 812-814 Market Street, S.F. I
X We are the prompt mall-order house. A
O Write for new Catalogue. X
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TAPE WORM
T7«XTKKMIXATOK. EXPELS WOKM IS LESS
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on receipt of f5 by aiedlco-Chemical Co., P. O. box
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of this tr.-atment, 574 13th st.. m»y be consulted.
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AN EXCELLENT
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Decidedly the OAT A /^H?
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T8 U POWEBFUL APHKODISIAO AVn
J. tpeclflc tonic tor the sexual aud urinary oriranm
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