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WIPED OUT BY A BIG BLAZE A Dozen Families Rendered Homeless Near Towns end Street. The Department Called Out on Three Quickly Sounded Alarms. The lire Started 'in James Newell's Stable in the Middle of the Block. A fare cat:?.-;: abiut $15,000 loss in property and rendering homeless a dozen or more families broke out near the • Southern Famine Company's Townsend street depot yesterday afternoon and ; made neces-ary the attendance of the larger part of the tire department. At 3:40 o'clock the first alarm was :'". sounded from bos 53 for a blaze that was ,discovered in the stable occupied by i' atiies Newell, the driver for C. E. Whit jLy, at the end of Crooks street, a small alley that runs off Tbwnsend between Third and Fourth. The stable was close .kilo the old Lusk tannery, where there was !3:';a'.big tire -everal years ago. As soon as :: ' : ;Ai)istrict Etigiti'-er Dougherty ie:c ed the v^.lace he -aw that it v, as not a lire that could be trifled with and de sent in an .. other alarm from the same box. A few minutes later some one sounded a ihird alarm, but from iox 68 for the same tire. Before the additional apparatus could reacti the place the blaze had completely enveloped the barn, and the heai and j ti imes irom over forty tons ol hay and the i dry material oi the ol I sbed had set on lire tne ends of a row of d weiling-bouses lacing on Clyde street. J'ne west wind was Llowing full and strong on tbe tire, and for a short lime it I looked as though not only the houses j would be aestroved, but that tie entire I block toward Third street would be swept I away. he firemen were ordered by Chief | ' ■ Sullivan to make a stand in Clyde street j and fight the advancing flames from that point, whicn they did with success. The families who were in the line of danger had but little time to g a t their I effects out of the way, and in mis their | < fforts were sadly handicapoed by the I ■•ice of so much apparatus and fire- ] men, lor Clyde street is not over twenty I feet wide. Nearly all the furniture that j was saved was badly damaged, and the i owners being poor people, they will leel j their loss keenly. After a hard fight of nearly an hour the ' firemen got the blaze under control. They j were so fortunate as to confine the fire to j fix houses on the west side of Clyde : street and to the stable and one house on ! : Crooks street. The principal victims and ! Icses wer? as follows: On Crooks street. No. 11, James Newell's j aide and contents, of hay, harness, etc.; I No. 9, David Robinson, dwelling and part j of the contents. The west side of the ! house was badly damaged. The upper j story. No. '<'_. was vacant. <">; Clyde street. No. 1, a tv.o-storv frame ! (house, was occupied by Mrs. Wiiliam I H reins; No. l' L . was occupied by Jam-s j ' ".'urphy. No. -'. a two-s'ory frame bouse, . > a- occupied by John Borden, and 1% by J. C. Dougherty. Mrs. Murphy of Oak land owned bom premi-es. No. 3 wss a A tenement house owned by J. Fr.tz, who lived there with sev.ral families. Among these were J. fccrouse and Mrs. ; C. Deal. 'Ihe ui-p^r part was not occu- i pied. Nos. 5 to'i . be.ong to the Lime estate and were vacant. No. 5 was occu -Bp:ed by Mrs. T. Tennyson, and N". »i'_ was occupied by Mrs. Stewart Nos. 7at.u j ~)i were owned and occupied by Mr. and I M.ss Daly. No. 8 was rented by C. Pin- : nity. and No. >>_. by Mr. Kiynn. L.i nearly all o: ihese premises the loss ! ot terso'tal property amounted to from ■ fo'Xl to $300, and out little of it was cov- . T.e.i by insurance, With the buildings : the damage was considerable, and the ex- \ tent, i.i every instance cannot -be esti- | mated for several days. Captain Com- g stock of the lire patrol estimates me total loss a about $15,000. How the fire started is not known, but it is suspect- d that some boys who were seen to en er the stable a litte while be lore the blaze was sen may have had •' some'hin^ to do with it. WATER FLOWS AT LAST. ..:'■' A Moses iv the Shape of a Plumber Smites the Pheian Fountain. Rumor That Jimmy Britt Was About V to Condemn the Column as a Nuisance. The handiwork of Douglas Tilden will not go for naught. A modern Moses, in the shape of a plumber with a horse and . wagon and accompanying paraphernalia, smote tbe Pheian fountain yesterday, and water flowed from tiie stone column for the first time since it» erection three months ago. After to-day it 13 expected -; ■A that the thirsty may be able to enjoy the ; T fruits of the philanthropy of the Mayor. Just who is responsiblefor the defect ill the base ot the structure seems to be a ■ /-;■ matter of dispute, but tbe error has dem l onstrated the fact that water will not flow I. : through solid stone. Of course, the plans ;.-.'■.. intended that there snould be draina?o I .canals for th" overflow from the basins, ■-=• but whether Willi- Poik forgot this in the L : :. specification, or the contractor's auger # vv wore out before the work was done, is a ''.■matter that a referee will have to deter *_;.=•'. mine. However, the mistake is now bainz -.': ..feet 1 tied, but at the cost of some addi ■'.;. . Uons i.. the original design ot the sculptor. : lilden intended that" the wastewater :.: should find Us way underground by wav of hidden canals in the base of the col ' umn. Now the contractors in order to ..;-. put the fountain in working order will . .. carry this. water to the drainage basins hy .; means of improvised bronze snakes which ;,: .. wilt oe iiU-.ched to the outside of the pei .festal. The improvement may be the ;'.;• means cf bringing many a b oulous toper :. . . to a sen3eof the tuiure, bolides reflecting ; . the beauty aide of Willis PolKs ingenuity. .There are those who say that the sud den: iition ol the architect to brin^ water 'to 'the fountain was hastened by Super ; visor Br iti, who was preparing to have ■". V Mie ''monument'' declared a nuisance un .4 less it was dedicated to its original pur ;:-v-.li3ae.' __ ■■■■.a ■- • — • — • In THE CALL of next Sur day will be An Expo ition of the Manner in which Chi- nes* Practice What Bellamy Pre iches. STERNBERG IS NOT PARDONED . Released From State Prison on a Commutation of Sentence. He Is Not Restored to the Eights and Privileges of Citizenship. The Petition Signed by Members of the Legislature— How Senatorial Courtesy Was Used. t Louis Sternberg, who colonized the Forty-second Assembly District to the in terest or Senator Mahony in IS9I. and wno was convicted of ielony for so doing and sentenced in February, UO3, to a term of three years in Folsotn prison, was last Monday released by Governor Budd. Sternberg is In town again and yester day received the congratulations of many of his acquaintances. The popular notion that Sternberg was j pardoned is a mistake. The Governor simply commuted his sentence. The ; executive clemency bestowed in this case ! do-s not restore to Sternberg the rigut* and pr.vilegeiof citizenship which he en joyed before his conv.ction. Governor Budd's view of the case is that Stern ; berg's term of imprisonment, expiring nine months hence, has simply been commuted. One of the grounds for com mutation was the fact that the prisoner was ten months in the County Jail prior to his incarceration in the State prison. Following is tLe text of Governor Budd's proclamation, is-ued last Monday, which makes Sternberg a free man: Whereas, In the month of February. A. D. 1595. at a regu ar se-sion ol the Superior t ourt. held In and for the city and county of San Francisco, in sail State, Louis .Sternberg was t:ied and couv.cted of the crime of felony aDd sentenced to uidergo an Imprisonment in the Stale t>rlson for ilie term o three years ; a d whereas, the crime lor which he was con- ! i ted was the procuring of residents of the City who were ie?ai voters thereof, to register I in a Senatorial district, otner than that of their residence, it uot being charged that I they voted or registered more than one. This • I was the first violation of the election laws, ' I known as c (lonization, which has grown into ' | a custom, but was stopped by the vigorous t prosecution of Sternberg and others under the advice of myself and the State committee. 1 I ! advanced money, on the request of the San j Francisco Grand Jury, to assist trie prosecu j tion. And where**, Sternberg's term expires . by law Aug st 2.), 1898, some nine mouths | j hence, witnout allowing any credits on his I sentence for the ten months and two weeks he was imprisoned in the County Jail; aid j whereas, he is a young man, of excellent I family, of previous" good cnarscter, and not of ■ the criminal class, and is the only one pun i ished oi ail those guilty of violating the elec ! tion laws in San Francisco In 1394; ana ; where 's, it would be a matter of impropriety i and injustice tor one so closely connected with i the proseculieu of Sternberg to teluse to ' I grrnt clemency when the elected represent- j ' stives of the people, comprising s^ine oi i I our ablest and best citizens, thirty j Seven out of forty Mate senators, and j a majority of the Asseinb ymen, uniting in a I written request therein, all but one of the ! Senators I roin Sin Francisco in writing and j personally un ting in the request; eigui of , j the trial iror joining with mem, ana A. J. Clunk', wuose ab e prosecution secured the conviction, writing in Sternberg's behalf, and the Board oi Prison Directors making lavor- • able immendat on. <in October — , 1897, after the recommenda tion o. the I'risou Directors, the Mayor of San Francisco, the Hon. James I). I'he.an, did tele graph a request tnai I deiay action on said | recommendation until a protest of the citizens I of San Francisc* could be procured and lot warded. I have w-ited. and alter two weeks' delay nave received the protest. Considering ] j the "language of whicl . and the ease with - j which signatures can be obtained and pub j lished, the Mayor's protests, three in number. | nev rtneles- con am but 113 names out of the upward oi 70,000 voters and 350,000 residents j ot San Franeifco. As ue must assume that all proceedings in i this behalf were in good taitb, the t rotestdoei : . not overbear the facts, petitions and recom- ! ; mendations above, but is an evidence of the acquiescence of the citizens o"' Sin Francisco | ; in the acts of the Senators, Assemblymen and i jurymen mentioned, and in the judgment ol the Board ot Prison Directors. Fully agreeing with the Mayor and protest ants as to the seriousness oi offenses against . the election laws— l will be as ready to aid in their prosecution a> I was in securing the : conviction of Sternberg; but for the reasons' herein stated I deem the shortening of Stern berg's sentence proper. In. conclusion the document sets forth that "tie sentence of Louis Sternberg shall expire and terminate on the Ist day of November, 1897," and isstgnei by the Governor. It is interesting at this time to study the influences which brought about the ; petitions for S ernberg's pardon. The j fact was well known at Sacramento last ! winter that Senator Mahoney was using that quiet little pull known as "Senatorial courtesy" for all that it was worth, lie secured the signatures of many Senators, who signed simp to grainy a brother I Senator. It was also spoken above a ; i whisper that Sternberg was not the chief j offender, and never stood a chance of be- i ing tne chiel gainer by the offense. In the estimation of many who com- | I mented on the case it was held that equal j and exact justice was not rendered wnen | one of the offenders was sent to the peni ■ tentiary and others in the same class were ! sent to tba Legislature. The petitions j presented to Governor Budd were worded ) i and signed as follows: To his Kzcc'-'encit, James H. Bwli, Governor of '■ the State of <alifornia—?iß: he undersigned. ' your petitioners, hereby respectfully and i earnestly petition yi.ur Excellency to pardon one Louts sternbers. convicted on the 5 h day i of February, A. D 1895. in the Superior Court i I oi the City and < oun y of San Francisco. Sta c ! of California, for tie crime of fetony, to wit: a violation ot the election law, lor which he. was sen encen to three years in the State I prison at Folsom, Cal. ■ Your petitionees state that bef <re the trial A MENACE TO LIFE AND PROPERTY. The property-holders anil residents on State street in the v cinity of Eureka are ctmpfainins; vigorously at the existence of a nuisance in the shape of a rock-crushing plant which stands on the side of the hill. The building is not only an eyesore, but is in such dilapnated condition as to be a menace to prop erty and life, as it threatens hourly to slide down the side of the hill and crash nto one of the near-by houses. Com plaints have repeatedly teen made to the Fire Marshal end Street Superintendents, Out no satisfactory results could be ob tained. The buildings are constructed of odds and ends of lumber of every de- THE SAN FRANCISCO CALL, THURSDAY, NOVEMBER 4, 1897. ] of said Sternberg In said Superior Court, he j was for a long period of time incarcerated In I the County Jail of said City and County ol i San Franc sco. Your petitioners further state | that tne said bternberg is a native of the State of Caliiornia: that his parents are residents of said City ana County of San Francisco, and | that he lias heretofore been a good citizen, ; and has always, previous to his said convic | tion, borne a got d reputation for truth, hon estly and integrity, and that be was the main support of his aged fa'he" and niotner. Your petitioners believe that the said Stern : berg has been sufficiently punished for the ' wrongdoing charged asalnst him and we are , confident that it pardoned he will conduct | himseit as a law-abiding citizen, and thai the ' interests of the community will not be preju- I diced by such an act oi clemency on the part | of your Excellency. We assure your Excellency that if in the ex : ercise of your prerogative of pardon this ! young man should be set at liberty justice 1 w 1. not suffer and your Excellency will nave exercised an act of merciful clemency in a proper cause. We feel assured that investigation of all the facts will demonstrate that the crime for j which said Sternberg was punished was one J lacking in criminal intent, and in view of the i facto; his punishment to this time, his past I good record and the eminent respec lability ot 1 his fami.y, upon the members of which his ; disgrace falls Keenly, we feel warranted in I asking this act of mer-.-v vi on your part. Since ttie incarceration of s»ia Stern i berg the wife ol said Sternberg has died, while her husband was absent trom her side, thus adding to his punishment, misery and griel, and adding another reason for the exercise o: , executive clemency. Your petitioners therefore earnestly request | that the pardon be granted. XssemDlyroeu — William 11. Gately, Forty-fifth I District; Kdv\ard >. Ity an. l'or.y-tourth: M. K. I Americk, tony-sixth: Henry .Mcorath, Thirty | sixih; Henry M. Kelly, Thirtieth: John Aden, Tweiitv-uinti: Lawrence Harris. !sjx:y-elghth: J. j H. (-iff, feventy-eighth: l.eon K. Jones, Thirty ninth: K. L). suward, sixth; F. W. Leavltl, Forty ; e'«n h; 1. J. Do an, I'birt v-rif ifa: Leon Deanery, i tor.v-ilnrd; Finnic ilalmney, Ttairty-lourili: Ceorge H. Godf.ey. Thirty, lord: S. il. hettmaii. ( Fortieth; John Power/Thirty -second: 1 oreiizo A Henry, Forty -second: Wtdia.ni iL i utter, Eighth; W. If. Price. sixteen li : O. F. Hie.l- | : 1 115, For.y-innth: Harry I. Maicrevy. Thirty-seventh: T. E. Treacy, Thirty-first; i-.tueue F. I.acy, '1 weniy-elghih; tiustave I'chl- I man, l hir y-elghtb; J. a Waymir*, Fry [ seventh: i-„ J. Emmons, Sixty-sixth; .1. B. ban- | ford, -sinth: N. K. Ma col m, Fitiy-f jurtu. W. K. t t^uy. Seventy-ninth; 1. *.. Mct'audilah, Fifty- I i eluhin; Henry C. Dibble. Forty-first: *rank C. I loom l-.iKhtet-ntii : T. H. Valentine, Seventy : fourth: Brew. tar c. Kenyo-, seventy- »ecoud: T. | W. li. siianalian, Fifth; I'homasU. To. am, Sixty i ninth: W. <i Hudsou, idxiyurs,: Hart 11. Nt rib, '. _ Fiftieth; Arthur W. North, 1 leventh: W. S. I Mellck. Seventieth: W. M. Sims, 'twentieth; A. j Camlnetti, Fifteenth; ft), p, Kunis, Twenty-first. senators— J. it. Seawall, Highlit District; Hugh 1 Toner, Eighteenth; L. J. Hwrer, Niueteentn; ! Sidney Had, Twenty-third: J. C liohoway, Tenth: 1. S. Deiiison, rweuiy-sixlh; Gillls Holy, ! ! Thirtenth; J. M. (Heaves, e.econ<l: T. J.Jones, 'ihirty-ni th: M. A. Sbiopee, Fourth: D. II Trout, Twenty-ninth; It. Cinder, Thir.y-second; : Eintene F. Bert. Twentieth. li. F. Long ford, Fifteenth: Percy S. nderon. 'iweuiy seioud; John J. Feeney. I'wenry - fifth; \ Eugene Aram, sixth; F. C Franc*, Thirtieth; i W. F. FrisK, Tnlra: C L. la ,tue. Seventh. E. W. ; Chapman, Fifth; J. L. Beaid, '1 wenty-eighth; E. i V. Voorheis Fourteenth H. V. Morehouie, T ll irty- first; S. N. Audrous, Thirty-eighth: J. N. < Ulhett, First; F. S istra.ion, I' weutj-aeventh. Kobert N. Bulla, Thirty-seventh; A. J. Pedlar. ! Sixtee-ith: C. M. Muipsuti, 1 tuny-sixth: >. C. I Smith. 'Ihirty-fourth; J. J. Lnchdnger. Xin'h; I John 11. I'iCKliisuh. Eleventh; 1 It., urns Flln. Jr., : I hiriy-thlid; D. C. Wuhiugton, Fortieth; Edward j 1. Wolfe, i weniy-fiKt. We, the undersigned jurors in the case against Louis Sternberg, convicted on Febru- | ary 5, 1895, of a violation of the election laws, ncreoy state that we are willing to sign an application for a pardon of said Sternberg, provided that eight oi tue jurors will agree to sigu such application. ANDREW WILKIE, J. li. UIMOKE. W. F. bOWKBS, ii. H. LI'CHSINGER. HUGH ~. C. Coi'.BlE, N. i.RAi E, it. C. H.UIN, J. U. Wetmobe. In view of the further fact that the j Hoard of Prison Directors reported recom mending a shortening of S:ernberg's term I Governor Budd teels that he was amply justified in granting the prayer of the Sen- i ators and Assemblymen. AFTER MASKED MEN. The Police Have a Description of the Robbers of John Conception. Captain of Detectives Ben Bohen Has Detailed Detective Anthony on the Case. Captain of Detectives Bohen has de tailed Detective , Anthony to '. investigate the case of John Conception, the Spaniard who was robbed, tied and beaten by masked men at Sixth and Harrison streets last Wednesday evening, as was published exclusively in The Call of last Saturday. Anthony called upon Conception at the Continental Hotel on Sunday night and ' procured the latter's account of the dar ing and bold robbery. Conception in formed the detective that the leader of the robbers had a scar on his face that reached from the right side of his nose to j the r ght side of his upper lip. This information is regarded as very im portant, as it will greatly aid the police in the capture of the leader of the" rob bers, ol whom they have an accurate and excellent description. The police calculate that if they once get the leader it will be a' matter of little work to capture his confederates in the bold robbery of Wednesday night. As canal, Conception has been in structed "not to talk to repor ers." Several men of shady character. Known to the police to have been in the vicinity of the holdup on the night of the robbery, are now being closely watched, and it is quite probable that the much-wanted thieves will be arrested in the near future. Conception, who was very much in censed over the publication in a morning paper that be had seen "airships," said yesterday: "When i read that article which cast a doubt as to the truth of my story regarding the robbery of Wednes day night 1 immediately went to Captain Bohen's office and asked him whether or not he doubted my story. The captain of detectives, in all his manners a gentleman, stnttd that the robbery could have hap pened just as l.kely as not in that dis trict, and said that he did not doubt my story. The article, he said, was published be.'ore he had investigated the report of the robbery. "The detectives have promised to do all I in thiir power to apprehend the robbers. I bave given them an accurate description I of the three men who held me up." scription and have stood so long that the supports have almost rotted away. 'A short time ago the building began to bulge , and to lean forward, and to prevent a total collapse it was braced up with heavy limbers extending half way across the street, almost completely blocking it up. The people living in the neighbor hood are tired of making protests and will take the matter into the courts, as it is claimed the building stands partly on the street. "■' '."■'..'[' TEREDOES WANT THE UNIVERSE That's What the Harbor , Commissioners Think of the Little Pest, Their : Appetite Caused a Dis sension at a Meeting of the Board. Bids for Creosoting Piles Thrown Out — Other Business Transacted. That little beast known as the teredo— the animal of diminutive stature but of majestic appetite — that repasts on piles, eats the foundation out from under water fronts and bores holes in steamboats, '. caused "warm times" at the meeting of ■ the Harbor Commissioners yesterday. Promptly at 2 o'clock th* Commissioners 1 went in session for th- purpose of consid i ering the bids of several contractors for I creosoting the piles to be used in the re | building of Green-street wharf. The piles | are soaked or treated with creosote for I the purpose of turning the stomach of any •■ teredo that perchance may wish to feed j on the luscious pineknots and pith of the i timber, and with the object in view of ; sickening the teredos the Harbor Commis sioners were willing to pay a certain price , to the lowest bidder who would undertake the job. Among the bidders there were two who looked with envious eyes at each other. : They were P. F. Dtindon of the San Fran cisco Timber Preserv.ng Company and William H. Healy of Healy, Tibbiit^ & ; Co. Mr. Dundon put in a bid lor creosot ; ing the limber, and placed his price at 38 cents a cubic foot, and for the purpose of a second hearing, in case his demand ! should be far in excess of other bidders', | stated that he would treat the piles in a 1 manner known as burnetling— filling ihe ■ pores of the wood with chloride of zinc — [ for 14 cents a cubic loot. Mr. Healy's bid j lor creosoting the piles was 34 4-10 cents a tool, and as it was the lowest bid he stood a lair chance of winning the contract. The action of Mr. Duuuon, however, in placing a bid for buriietting at a much lower figure than creosoting could pos sibly be accomplished for resulted in Mr. Healy becoming anxious, and in an en ; deavor to checkmate his opponent he tiled | a pamphlet with the Commissioners under ' the signature of J. D. Isaacs of the South- I crn Pacific Company, which mated that ■ timber could be ournetted at a profit for | i $3 a tnousand fee:. At the conclusion of the reading of the ' pamp. let Mr. Dundon explained matters in a manner satisfactory to the board, and | at tue conclusion of his lorensic effort it was remarked by Chief Engineer Holmes that Mr. Isaacs was another of the South ern Pacific theorists and knew nothing ! 1 about practically applying his theories. I ' Mr. Holmes stated that he had made in- i : vestigations in the Fast and had found | ; that burnetting in Chicago cost at least j $11 a thiiiisan i feet, a figure but- little i ; cheaper than Mr. Dundon's bid, and the j Eastern figure applied alone to the treat- j ment of" ties, which were much less diffi cult to handle than piles .100 leet in length. Mr. Healv next took possession of the floor and endeavored to voice his views j on the matter, but Commissioner Coition ordered him to lake his seat. Mr. Healy i was determined to bave a say in the mat- I ! ter, however, but Commissioner Colnon's j anger became aroused aud the speaker j . was forced to retire. Matters after this | ; progressed smoothly for a while until fin ally Commissioner Harney, not knowing i the matter he haa to picsent to the board, j allowed G. W. Stewart of the Pacific Pine Lumber Company, whom, it is slated by Healy, has "bulled" the pile market in conjunction with P. F. Dundon and almost ! doubled the price oi pine poles, to make i a lew statements. Mr. Stewart's remarks j ; appeared to be irrelevant to the casual j listener, but they brought Healy to his j feet with a bound. "Mr. Stewart told me with his own lips tbat he had a corner on the pile market," | j said Healy, "and that he couid dictate to i I me the price I would have to nay for piles j I for the Green-street wharf." This remark | was followed by an exclamation on the part of Major Harney, who asked Healy i what the price of plies had to do with the I meeting of the Commissioners. Healy wanted to explain its exact bear ing on the meeting, but was headed oil' by the Major with these words: "Mr. Healy, I ihiiiK you are playing to the gallery and I the newspapers'. You are trying to make ! a catspaw out of the board and are also endeavoring to pull my leu.' - Mr. Healy, j his voice trembling with rage, denied that j he was a gallery-player or that he was en- | deavoring to play with the board, and em- ; phatically, stated that he bad no desire to i yank the well-proportioned limb of the ] vituperative Major. Healy concluded his I eloquent arraignment by stating that if he only chose to give voice and utterance of • tongue to many tacts stoted away in his brain reg.irding Mr. Dundon he would j make the water fiont howl in dismay. The argument, resulted in all the bids being t row out by the Commissioners on the j ground that they were too high, and tne ( opponents, crestfallen, left the chambers of ihe Commissioners. » ■ Outside the disposal of the creosote bids but little work was done. It was decided to change a lew minor details oi the new Ferry Depot. The Southern Pacific bag gage-room will bo slightly modified, and instead of solid partitions between the waiting-rooms grill work will be put in, which will enable one to see from one end of tbe great building to the other. These matters disposed of, the Commissioners adjourned. IffW POLHEMUS ASKS FOR BIG MONEY Demands Over $600,000! From the Estate of Charles Mayne. Incidents That Go Back to the Very Early Days of Kail road Euilding. Huntington, Hopkins, Stanford and Crocker Had Not Yet Become Financial Magnates. • A supplemental complaint was filed yes terday in the important suit of Charles B. Polhemus against Antoine Borel and Louise Barroilhet, executor and execu trix of the will of the late Charles Mayne. Tnis litigation recalls some of the ro mantic events that accompanied the early era of railroad building on the Pacific Const, and the incidents go back to the time before Huntington, Hopkins, Stan ford and Crocker were known as wizards of finance or constructors of railroads. According to the complaint Charles Mc- Laughlin and Alexander Houston were engaged during the years 1860 and 1863 in laying the track of the San Francisco and Sin Jose Railroad from the Mission of San Francisco to Menlo Park and fint.llv to San Jose. Contractors McLaughlin it Houston becinie involved and borroweo large sums ot money from Mr. Polbemus, Peter Donohuo and EL M. Newhall, the aggregate finally reaching nearly $1,250, --000. ' In the course of events Mr. Polhemus j withdrew from the firm and sold his share ; I of the partnership affairs, including all j interest in the San Francisco and San Jose 1 Railroad, to Mr. Mayne, who held on until the Southern Pacific Railroad got its line across the continent, whereupon the local road was sold to Huntington and his associates for more than $3,000,000, giving Mr. Mayne a good profit. Mr. Polhemus cliarces that Mr. Mayne concealed from him the large profits that were made in the business while acting a* j his trustee, and consequently he asks for an accounting and Hunks that lie ought | to be paid more than $600,000 for profits that Mr. Mayne unjustly withheld. During his lifetime Mr. Mayne filed an j answer to the Bait, in which he denied ! that M . Polhemus had correctly stated the circumstances of the transactions. Mr. Mayne declared as follows: The vrhole agreement between the parties whs that the defendant (Mavne) should luriiish ail the money necessary for 'the payment of ; plaintiff's share oi the property purchased, that the purchase so made snould be for the joint account aud benefit, share and share i alike, and that interest should be allowed to ] the defendant at the rate of 1' 2 percent a month on the purchase money so advanced by him. and alter the repayment to the defendant of the said purchase moneys, with interest, | the profits should be divided equally between the plaintiff ana Uefeidant. and that the • | defendant receive irom Polhemus promissory ; | notes of Donohue, Newhall & Polhemus. made I I to Polhemus and by him indorsed to the . defendant, bearing interest at tne rate ot 1' 2 I per cent a month; and he continued to receive tor his advances such promissory notes until j j October, at which time the interest on the j i notes was reduced to IJ£ per cent a month; j that the advances embraced all the moneys j i which had been previously advanced by the ; I plaintiff' for the joint business of I'onohue, | Newhall &■ Polhemus. And the defendant; denies that any moneys were advanced by him in the name ot'the plaintiff or for the benefit ' of the plaintiff, or lor the benefit of Douohue, Newhall & Pulhemus, except for the terms | aud conditions hereinabove set lorth. Mr. Mayne alleged that on the 10th of ] I February, 1866, the liabilities of Donahue, I I Newhall & Polhemus hail increased to ( j $1,375,547 88, and denies that he was in- j 1 trusted with the management of Mr. Pol- I bemus' business during the latter's ab- j sence from the State, but points out that j on the contrary Mr. Polhemus appointed I i as his attorney, in fact his brother J. H. j I Polhemus and executed to him a general ; j power of attorney, which document he | ! caused to be recorded in tagai form. Continuing his answer Mr. Mavne says I that he never bought for Mr. Polhemus i I Any interest in the San Jose Railroad | j Company and that even if he had done j | so, there was no profit in tbe operations I of that concern up to April 10, 1807, I ! though the books were kept in Mich a '< j manner as to make it appear that there j I was a profit. Instead of deceiving others, Mr. Mayne I ; alleged that lie had been induced by Mr. ' I Polhemus to go into a losing business on I I tbe assurance that he would not be re- J I quired to put in more than, $250,000, i ! whereas he was finally led to put in nearly j . double that amount, 'and finding that he ; was not able to meet his share of the lia- j i bilities because of hi* limited resources, I I as readily as his associates, he sought to I draw out. He sets forth two assignments and set | tlements of ail claims held against him , by Mr. Polhemus, in one of which Mr. Polhemus acknowledged the receipt of j j $20,000 as payment in full. OPERA AND DRAMA NOTES. What Is Happening at the Local '1 heaters. To-night the Italian Opera Company at j the. California Theater will present a pop- I ular double bill of "Pagliacci" and "Cay ! alleria Rusticana." Vallini and his band j are sure to give new life and meaning to i Mascagni's intermezzo. Tne singers will rest on Friday no as to be in the best pos sible form for the production of Puccini's "La Bolieme," whicn occurs Saturday night. This night will ba one of record, i as .Puccini's work has yet to receive its ■ first performance in America. At the Sat urday matinee "Trovatore" will be given. "Lost, Strayed or Stolen" is doing well at the Baldwin. It is capital fun and in the bands of clever people. The engage ment is for two weeks and includes Sun day night performances. A uniquely interesting hour or two I may be put in any night with the Herr manns at the Columbia. Leon is not the magician that his uncle was, but he is en tertaining, nevertheless, and Mme. Herr mann's picture dances are always enjoy able. Every night "The Geisha" turns people ' away at the Tivoli. The run may rival "The Pirst Born" record at this rate. The little red band of Hungary is play- I ing its last nights at the Orpheum. The variety bill is a good one this week. At the Alcazar ;"The Highest Bidder" will see the wflt out, then comes a re vival of "The Jgly Duckling," a' piny written by Mr. a otter of "Trilby" fame. "777" is exciting large houses at Moros co's. The fifth recital of Mr. and Mrs. Georg i Henschel will be given to-morrow after noon at the Y. M. C. A. Auditorium. — -» ♦ — » — — Another Lutheran Church Organized. Articles of Incorporation of the German Evangelical Lutheran St. Matthew's Church have been filed in the office tf the County Clerk by Herman Hecknimiu, John tins, Otto X oppenburg, Louis Wans, John Staats, Albert Kuner and H. Goetjen. ■*— — — " ' » ♦ '♦ _ advances made, on furniture una pianos, lib or without removal, J.Koonan, 1017-10.3 Mission NEW TO-DAT. fwiierliiir-~i R — Not a bit too strong — that such a collec- % % tion of useful and ornamental beauties should be 4 Z gathered together as we can show in our Sterling J £} silver Department. To arrive at any idea of the JT C beauties of these goods you will have to call and see -• m them. To get an idea of how little Genuine Sterling & c Silver Articles cost you just read the few following ** J prices : 5 M DMBBELLV CLASPS.. 15 cts TOOTH BRUSHES 65 eta ff IB CUTTERS 25 ct» HA I CiOIBS ." V 7scts C 9 BOOKMARKS 35 ctsiGl IILIN'G I RONS . '«->ot« B \X NaIL PILES 45 ctsMHOK HORN .. "Oct* Z 11 SHOE BUI TONERS 45 c » KCEO PEXRoLI-ERK.. . "95 eta 1 5 PENCIL TIBS Cts MEMORANDUM TABLETS Kl.on J» A In our elegant line of Beautiful Cut- We have in a larse variety' of all kinds 5 glass at iries. with Sterling Silver Tops, of Sterling Silver Hair Brushes, Hat & 6 yon 111 find many little things that will ; Brushes. Bonnet Brushes and Clothes J S. jilease. HUBS I Brushes. *• I Leather Goods. \ « We think we can show every beaut i- Genuine Al'lgator Combination J V ful and artistic novelty that is made up Book, sterling silver mounted L M from leather. We quote lor these' _, cirners ... ••••-• —•• *1.°5 F M goods the following: Pner Grades... .*l.so, »2. «T.t. *;{. SO >. Sb " Black seal Leather combination $ Genuine Alligator Combination Poiks 81.35 * i Books «', „„ Finer, d -,n«i M"M"m'« i*- I B ° oks Sl °° ....Wl .50, .>],.>. 82. *%.-. anil *.> J liner Goods at .. Misses' Tuck Books in assorted «i ■»-. «i >;,'," ■> nn «., nn < ors. sterlingsilvertrimmlngs «1 .25 'It * 1 -- 81. jO, *00, »».jO Black S-at Chatelaines «ii mi ji Alligator Chatelaines 82.25 B» We stamp names in silver or gilt free A large assortment of Alligator Grips, ln *\ of charge on all leather goods. [all sizes, at lowest, prices In the city. * ■_ V rimhrf*ll;*C We have never J Shpll f,nftr|c There are two " J,,,U1 CIKi9 shown a finer va . 3. vJiicti UUUU9 things about riety. In making this selection J these goods that always have a particular attention has been paid ■ ft potent power. They are in the to qualities of materials. We show . ,V» 1 greatest variety and at the most | a great host of guaranteed correct I I- . , reasonable prices. They comprise ; styles in black and colors, Talteta. • ~ %f j Tuck Combs, Hde Combs, Pompa- | Levantine, dpitalfield, Gloria and' ff A* 1 dour Combs, Back Combs, Dressing Twills. Most modern shaped nan- 1 R X Combs, nair Ornaments and all dies in all the popular woods. . 1) sizes and shapes of shell Hair Pins. Ladies' from $1. to $20. » r' Men's, from $1.50 to $15.00. i i. i 125-127-129-131 KEARNY STREET. - J I * Shoes that have a made- to-fit feeling—Laird, Schober & Co.'s Ladies' kid shoes. Nothing imitation about them, nothing skimped, nothing neglected. Kid Ton Button, Cloth Top Button, Cloth Top Lace, Seal (waterproof) Lace. All ladies' sizes - - $4.00 Fur Trimmed Felt Romeos... .81.00 Ladies' Storm Rubbers 35c New goods in party slip- pers and for general even- ing wear. SOMMER&KAIFMANN, 28 Kearny St. mnmm\)m\mmm\\\m\ wi hi w in w \\\m m\ wtg || Attention, Wheelmen! § E iM^J^s: «sSB ' A ll * LEAB ?. Mi IS ? ; 3 *g- ■MtirM.'r attffi stroyed in r.tl ing your wheel ***-• Hm »*M t\ <s«S~>-_ *s3 - " ""^-W'Sl you are SUD J ect t0 pains in the s»— v»^fj r** '^K^*^ — Wstffl men, week kidneys, palpitation s**-~ "-"■-. ***'a«^®Hsj^BHr .— •' of the heart, sciatic rheumatism, :^ y— " x^-i^V %^T\ \^»\^^. lumbago or any of those com- -^ ; *^~ /^^jr\\\s^ / xTOfvKV mon ailments which are brought —• | i— H "ft*. S }) ~~fcAT==^ * If to tue surface bv exertion on *-** y- vs^^y^ \V^>7 * be w "ecl. Your pleasure is :^g **j- £m~* m ~ r^^-^- doubled it" you are strong in a'l US iSZ the vital organs. Then yen need not be afraid of breaking down a long ZZ2 j W*^- way from home. — «■ g! DR. SANDEN'S ELECTRIC BELT 3 ***- Has made cycling pleasurable to thousands of young men and women who ~^ g- love the wheel. Its toning, invigorat n? electric current? restore the :^ fc; strength to weakened organs and give to them a htaltny tenacity. It ~^A **~ cures all the weaknesses that unfit you for lone trips and gives you that 22 g" healthy confidenc3 in your power? which every rider appreciates. Try th s. :^ t^: famous Kelt. Book with full information and pries list free. Call or *~m ? - address ■ , , . — m*» mT~ n» A T <sAMnFM « 8 * Market Street, Opposite 12 Jf^T UK. f\* I. O/tI^IFLIH, Palace Hotel, San FrancUoo. -— • JSZ Office Hours— B a. m. to .8:30 p.m.: -i Sundays. 10 to 1. Loi Anceles, 232 Wes. second — mm *^— street; 253 Washington street, I'ori.and, Or. ; 935 Sixteenth street, Denver, Colo. ** »> NOTE.— Make no mistake in the number— 63'-J Market stree'. Make, note of Iz. -*** laamauaaiaimaiaiataua iaaiaiiaaiiaiaiaiaautau^ Atrssjsssjwrssj*^^ % Gail Borden fss $ i Eagle Brand A i v Condensed milk. J A Take No Substitute Fop The "EAGLE BRAND'* 4^J A%\ of Mothers Testify TO its Superiority. jf ■, (F f INFANT HEALTH"sent FREE. NcwVbßK Condensed Milk Co. n.y: *& EASTERN PRICES will HEREAFTER APPLY TO CHAMPAGNE ,i PALACE HOTEL Pints, $2. Quarts, $3. 90 PACIFIC WGREMRK SANTA CLARA COUNTY. SANTA CRUZ MOUNTAINS. Onlv 2'< hours from San Francisco. Remodeled and under new management. For rates and printed matter address JOHN S. MATHESON, Manager. 01/ II ft ft °T SPRINGS. Sonoms Xifltl. 3- X -'°- only 4 % »>°u« {run ■in U ll Sim* *-' Francisco, and on; J VllllMVv miles' staging. 1 OPEN UNTIL NOVEMBER I. J. F. MULGRKW, Proprietor. 5