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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, July 20, 1907, Image 3

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Attorneys Heney and Deln^asliiken^E
Contlaned from Pace 1, Column 4>
in many a day has equaled,
for the breadth of passion;
displayed, that bitter arraign- \
ment and counter denuncia-j
tion which held cour^ offi
cials and spectators alike bneathless
and atremble with Interest foria quar
ter of an hour yesterday mors'.ag.
Every trick of his master thl use of
satire and every resource of/ his won
derful command of language was*
brougrht into play by Dejfenas In a
scathing denunciation of H«ney's char
acter and methods, while atom
of Henevs torrential forcffulness was
thrown into the "word storjh with which
he replied to his opponeit.
larxrcxbos made
Open accusations an« thinly veiled j
Innuendos were hurled^Asack and forth
without stint or effort /o preserve evea j
the slightest semblance of the, classic
courtesy of the bar. /Though he never
lost las usual cais^ unruffled front.
Delinks sent his perfectly phrased sar
casm" ringing through the auditorium
•with all the power of his voice, and J
Heney"s vehement/ words were fairly
shouted in anger. /
The clash occurred as a result of
E>elmas' opening In support
of his contention that the prosecution J
should be forced to present direct cvi- i
dence to connect Glass with the bribery
of Boxton before attempting to Intro
duce testimony concerning the com
mission of crimes in which other su
pervisors were concerned. Ignoring 1 the
fact that the prosecution relied solely
upon the testimony of Zimmer to con
nect Glass with the payment of bribi
\u25a0 money by Halsey and that since Zim- j
iner's' unexplained refusal to testify the j
state had been thrown back upon the \
. necessity of making a circumstantial
case, Delmas taunted Heney with his
failure to -produce evidence directly in
crlminatinjj the defendant. Heney has j
not hesitated to state his belief that
Zinaer's refusal to testify -was at the
Instigation of members of Glass' coun
sel and It was cleat to all familiar
with th« circumstances of the case that
' Delmas was deliberately baiting his
opponent for such an outburst as later ]
occurred. When he began his address
to the court It was in the most suave
and deliberate manner, but as l*e
talked he rose to a pitch of oratorical
fury which brought the first bitter re
sponse from Heney the^ moment he
"JJeyond a loud shouted denunciation
of Air. Glass, uttered with a bitterness
eni rancor that has made the wails of
this temple ring 1 , the learned private
prosecutor has brought forth, not a
scintilla of evidence tendins in any
way to connect Mr. Glass with the
crime that is here charged ag-air.st him,"
cried Delmas. "I ask your honor if it
is not time for the district attorney to
produce some evidence against my
client or else admit that he has none.
All that he has done so far is to heap
upoa the head of my client the most
vicious and unfounded vituperations.
I believe that in the prosecution of
criminal charges the hand that directs
the prosecution should do so in sor
row, not in anger, and never before in
my experience have* I seen a prosecu
tor come before the court his face red
with hate, his veins swellidg with
anger and his voice trembling, "with
passion to denounce the defendant. I
am astounded at such a spectacle, and
r.o one could witness it without sorrow
and regret. If when Mr. Heney reaches
the age of Louis Glass he shall have
accomplished as great and noble a
york criii have, won, th« respect.- honor
and love that must be accorded mr
client by the people of this community,
he will have done well Indeed,**
Keney sat silent until the close of
Dclcaas" address a few minutes later,
but at the moment the latter retired to
his seat he was on his feet with pent
up rage ready to be poured into
speech. At first his tones were as
cairn and bitter \u25a0with sarcasm as his
opponent's had been, but of a sudden
he threw o2f the restraint and burst
into crashing excoriation.
."I believe." he began, "that this Xa
poleon of the bar is much unlike the
great JCapoleon of \u25a0war in most respect^
'but In some of his tactics he certainly
resembles him. wnea Napoleon found
the enemy's heavy cannon threatening
him with danger In the front, he cir
cled around and attacked from tti3
rear; and so. when ilr. Delmas found
yesterday that he was faced with ar
guments too strong for him to meet.
he resorted to a rear attack. . 7
"I never studied In the same school
of acting of which Mr. Delmas Is the
greatest exemplar. I have not learned
to depend on pretense, oratory, decla
mation or control of rhetoric nor have
I been taught to rely on art and arti
fice. I am a natural talker and I can
but regret that my earnestness of man
ner has been misunderstood. But when
I become earnest and Indignant that
niy city should be so crucified by men
who have undermined the foundations
of Justice, law and order and when,
as In this case, the Inference may be
fairly drawn that the attorneys en
gaged In this case have directly in
fluenced Mr. Zimmer not to testify hers,
I have no excuse to offer.
"I say that X am indignant that our
laws have been trampled in ' the dust
and Justice sullied and I say to coun
sel on the other side, who has Just pre
ceded ne, that If when I reach his age
I do not bear a better reputation in
this community than he does, I shall
regret that I did not die before I
reached tne age of discretion by which
I could control my own conduct and
xsy relations with my clients aad other
persons. As to the \ defendant, Mr.
Glass, thank God I So not have to
compare myself irtth him." _
Heney turned briefly to a discussion
of the evidence already introduced In
an effort to connect Glass with Halsey
in the bribery transactions and then
~l>oes anybody mean to argne that
these facts cannot "be considered cir
cumstantial facts tending to prove
there was a conspiracy between Glass !
and Halsey? Unquestionably they
prove that fact, your honor. v
"But I find that when I get earnest
and emphatic and raise my voice al
most as loud as Mr. Delm&s raised his
several times, the blood still goes up
to my face.. Unfortunately, I find that
I am still able to blush with embar- 1
rassinent; some people never are or
were able to blush, and I am inclined
to think it is largely a matter, not of
consciousness , but of skin. Whoever
heard of" a rhinoceros blushing?. The
thickness of his skin makes it impos
sible to see the blood In his face.; As!
for Zlr. Delmas. I have never, seen the
blood rise .to his face during all the
times I have known him. -'Whether it
is absence of consciousness or. . tiilckr. ,
ness of skin I can net say."
In closing his argument Heney re
ferred to certain cases In which he had
taken pert in Oregon . and this served
Delmas for another chance to score
when he again arose. *. ..
""In attempting to answer this argu
ment." he began, "I: hope I may never
be compelled to dilate -upon my own
exploits as a human bloodhound.:
whether it be in Oregon or elsewhere,
as a sort of Dugald Dalgitty, I who . is
ready to sell .his services for blood
money wherever they are" required
traveling from state to" state , and ? from
territory : to territory, , In *_ order ... to ;! in
dulge a Eort'of Insane passion to make
[men Buffer, whether it be the gray
; haired senator in Oregon, whom' he
brought to his grave by his mercenary
perseverance, or whether It be men In
this community, whose' past life need
| Jear no comparison with that of the
I gentleman who hai the capacity still to
i blush blood red.
j "I need not answer the Blurs that
have been^cast at me, for neither is
tny standing- in this community such,
nor the fear that I may entertain of
the inhabitants of this city such that
I need to travel with a, bodyguard to
protect myself from Just" chastisement
at the hands of those who are' entitled
to inflict it.**- * * .
"I don't need a bodyguard to take^
care of you." interrupted Heney, Jump
ing to his feet, his face livid with an
ger. /
"So." retorted Delmas, "but remem
ber, you still have an unkept engage
ment with William H. Mjetson, , which
| you had better fulfill before you undar
j take to vent your petty spleen on a
man double your age."
""Mr. Metson never looked me up. He
knows where to find me," shouted
Haney in- response to this reference to
the recent clash between himself and
the member of Schmltz* counsel in
Judge Dunne's court.
• "I understand that you have never
looked him up. either," retorted DelmatS."
Judge. Lawlor interrupted, declaring
that the vituperation must end, and
for a tim« there was apparent peace.
J but the rancor was smoldering and
lit broke out' again a short time later
when Delmas referred to Heney*s char
acterization of Glass as a "cruel, wan
ton, inhuman attack, made with the
insatiable desire to inflict pain, which
is characteristic of the learned gentle
man from Arizona 'who can speak of
this city a3 'my city.' "
"Rome contained but one Brutus,"
[concluded Delmas, "but San Francisco
J has* the broader boast that it contains
i but one Heney. 'His cltyT He owns
It; he controls It; it Is his meat; hft
is going to gorge himself fat upon it."
"Tour honor." was all Heney answered
jin reply. "I" cannot respond to this
without having some more of the same
sort of stuff,, and he takes advantage
of the fact."/
Once, later In the session, there -was
one small note of sarcasm in Delmas'
words, but it was lacking in the venom
! of much that he had said during the
"My learned brother," he said In ref
erence to his associate attorney, T. C
Coogan, "ray learned brother is destined
In the next world to sit in another
place from the gentleman on the other
side, who. as he comes from Arizona,
may be more used to the warmer
climate and may prefer to continue in
| such a habitation forever and for
j eve r."
• Judge Lawlor took the arguments of
counsel under advisement at noon and
delivered his opinion shortly after the
resumption of court for the* afternoon.
While the rulings of the; court were
clearly a victory for the prosecution.
In that they allowed or the introduction
of the testimony of Boxton's fellow
boodlers, Delmas declared afterward
that the rulings were a victory for the
defense, and declared that they upheld
every contention he had advanced. This
construction was placed upon the ruling
through difference of opinion as-to Its
While the ruling was that evidence
of similar offenses, as such was not
admissible until after a prlma facie
case was made on the charge before
the court! if at all. it also held that
evidence was admissible In the original
case to prove the conspiracy alleged by
the prosecution, where such evidence
might establish intent, knowledge, mo
tive or purpose on th«-'part of; the de
"end&nt. or where, such evidence might
tend to establish the defendant's knowl
edge of a system or design to corruptly
influence a number of supervisors to
obtain a desired end. Under this latter
holding the testimony of the super
visors may be introduced at any time
the state sees fit to offer It.
Judge Lawlor^announced that night
sessions of the trial will be held next
\u25a0week, the hours of court to be from
10 a. m. to 12:30 p. m., from' 2 to 4:30
and from 7:30 until at, least 9:30 p. m.
Adjournment was taken last night un
til Monday morning.
Judge Lawlor's decision on the ad
mission of evidence follows in full: •
1. On the first objection made" by tbecdefrase,
within the meaning of subdivision 6 of section
I.STO of the code of cItII procedure, the court
rales t!iat nnder the facts, feature* and circum
stances of the charge herein, together with
the character of the proof relied npon by the
prosecution, as those matter* haTe been stal«t
by the district attorney, and in part revealed
by the testimony • already Introduced. It is
proper to admit acts and declarations of the
alleged conspirator* before requlrias that all
proof of the alleged conspiracy be first ten
2. The court rules cpoa the second objection,
relating to the pending question,' that it is
proper to admit evidence upon the original case
of the people which may have a tendency to
prove the conspiracy to defeat the application
of the Home telephone company before the
board of supervisors, as claimed by the prose
cction. and to prove the payment of the alleged
bribe to Charles Borton for the purpose of
corruptly Influencing - him as a member of the
board of supervisors . In his action as such mem
ber in and upon such application, where soon
evideae* may tend to establish Intent, knowl
edge, motive or \ purpose on the part of the
defendant In respect to inch bribe, and where
*uch evidence may- also tend to establish de
fendant's knowledge of and identity with the
system, design or common scheme or plan to
corruptly defeat such application, as claimed by
the prosecution.
This ruling will Include the admission of all
of the evidence tending to hare such probative
effect, even thouzh It may also tend to pror*
the commission by the defendant of other crim
inal acts thaa the one described In the indict
ment herein.
The court further rulei that before evidence
of similar offenses, es each,. It to b« received.
If received at all. there must be sufficient evi
dence before the court and Jury tending to
make out a prlma -facie ca»e of the charge
at bar, and > that evldenc* of similar . offenses,
as such. If received at all. must likewise tend
to make out an independent prlma fade case
a* to each of such similar offenses.
The court • rules further -that -evidence of
other similar offenses, as such, will not be ad
missible. If admissible at mil, whether to nejra
tlve accident, mistake, misapprehension, the
nrerorsption of Innocence, or any proper antici
pation of defense*, until all of the substantive
proof fndln? to establish the offense charged is
first received. In other words, evidence of other
similar offenses, as sucn. will not be, received.
If received -at ail, until the prosecution . has
announced that all of the substantive . proof
In support of the charge at bar has been ten
3. The cocrt at this time does not rnle,cpon
the proposition whether the giver and receiver
of a bribe are accomplices, within the meaning
of section 1,111 of the penal code. ,
Schmitz Is Not to
Contest, Says Drew
Report of Opposition to Dr.
Taylor a "Fairy Tale"
"The report that Schmitz Is; to con
test in the courts the -appointment of
Dr. Taylor as mayor is -made out; of
whole cloth-r-it is an Arabian ' fairy
tale," said AttoriveyFrank C Drew;of
the deposed 1 official's, legal staff yester
day afternoon. J . \u0084 V. , .
Just in 1 degree or character
istic an Arabian; fairy tale differs from
one of California fabrication" Drew ; did
not say."- but the emphasis that he. put
on* the geographical adjective indicated
that Jn the cryptogram of the firm -of
Campbell, Metson',"& ; Drew, a - fairy ' tale
concocted" somewhere 'east of l Stjez Jand
north of "Z the ;\u25a0- Red ', sea is more 'disf
tingulshed for lack of "veracity^ than
would be an .Invention of -- the <_Barbary
coast," branch county r Jail No.^'2 ; or,' in
the vlcinity ; .; of r ,Tark. and" . Laguna
streets, "at
son '.:& Drew^ navel their/offices.
grrh^ittif at tb« county jail appears to
TidLfci; SA-i> : r-I^HAiS OiiJCO -AiJAXiX^'yr^tSA x .UlliJA \u25a0x-, 'f.- i>;U.L 1/ 'J3, iL'i/i,
Object to Abdicating in
Favor of Taylor's
Says There Is No Way to
Compel Him to Quit -
* ! His Office -
The members pf -the boodling board
of supervisors are, exceedingly per
turbed over an alleged cnange of front
on the part of the.graft'pfosecution in
proposing to compel' them" to -resign
them offices in order; to permit Mayor
Tay lsr toj appoint their j successors.
*•-: The 'supervisors claim that the "big
stick" designated as ; part of the Im
munity contract for confessing to tak
ing" of bribes from corporations that
they would be allowed to serve their
terms out. \u25a0+*, \u25a0.
The immunity contract, as type
written, however. . made { no -allusion' to
tHC^continuance in office of : the super
visors, but simply . comprised a -pur
ported agreement that the .confessed
boodlers would not be prosecuted for
their crimes.
Supervisors Gallagher, Davis, Mc-
Gushin, Lonergan, Nicholas and Coffey
are outspoken in their assertions that
the published . intention Of Mayor
Taylor to appoint their successors Was
the flrst intimation that they had ever
received that they would ' be compelled
to resign.
pledgre you my word," said Mc-
Gushin, "that we were never given to
understand that we would be forced to
retire from the board, and I cannot un
derstand what has prompted the rumor
that we xrlll be ousted \u25a0 to " make room
for Mayor Taylor's appointees." |
"The report that : we 'Trill be com
pelled to resign <from the board .Is
certafnly news to: me." "said Coffey.
"On the contrary, we were given to
understand several months, ago that
we would not be disturbed until our
term of office ended In January of
next year." "_ *
- "I . never, received any. information
from the prosecution that I would have
to resign." said Lonergan.- seems
to me that they might let well enough
alone. We are certainly carrying out
the orders of x Mr. Langdbn, and ' a
change in the personnel of the board
might tend to complicate matters,
especially If ex-Mayor Schmitz carries
but his intention to appoint' our \u25a0 suc
cessors \u25a0 If we should --resign." '_; ; • :
Supervisors Davis, Nicholas and i
others expressed themselves in,; similar
terms. / : • \
Supervisor Gallagher said: "There Is
no way to compel the present members
of the board of supervisors to resign
their offices, and there was nothing In
the agreement with the gentlemen of
the district attorneys office \ that re
quired them to- take such a step.'- If
it were for the best interests of the !
community that we should retire \u25a0 from '
the board I would not hesitate an In- I
•fctant." :"' ' \u25a0' \u25a0 \u25a0\u25a0. '.-.' \u25a0
have- become -"serene, \u25a0 indifferent -s-of
fate" and*ris content to- allow-; Mayor
Taylor to enjoy, unmolested' his office,"
just so the red automobile is >not;dis
covered and commandeered. , -
Taylor and Schmitz,
Both Sign Warrant
New Mayor Approves • First
Claim on the Treasury
City Treasurer Bantel cashed a de
mand in favor of T._P. H. Whitelaw for
$3,000 yesterday as half ; payment ;-on a
school lot sold to the city. The demand
\u25a0was the first to be signed by. Mayor
Taylor. . •
\u25a0Before "Whitelaw -secure, his
money, he was compelled to go to the
county Jail to have E. E. Schmitz" sig
nature affixed to the demand, as.-Bantel
insisted on j the two/ signatures before
he would cash.it. ' .'
Woman Hauls Cart
on Overland Trip
SAX SO SE, July' 19.^-A tired, be
draKKled vrorann, hitched like a
.. horse to a itinall enrt loaded
vrlth clothed and bedding-, limped
wearily Into tOTrn this morning
from S an K ra n cl nco, ; h a y 1n g trav
eraed the distance . oa foot. ' She
la - Mrs.- E. * Bronhaxdt, a rr t new,
who sari that she "does uot.knorr
where she Is going \u25a0 and doea \u25a0 not
care."/ She left San Francisco last,
Monday.. When nljht overtook
her she slept ]by \u25a0die wayside and
in the morning: : resumed her Jour
ney. \ She li aged 45 and comelr,
though the marks of want and
iTorry are; plainly discernible in';
her face. At noon today- she har
nessed herself to the , cart /and
started in the direction of Los'
Anjjeles, having accepted pro
visions and several donations
of money from - . compassionate
strangers. V ' ' •' :: - r \u25a0;. j \u25a0 /*
l.Theinbw familiar question of i the
! validity/ of thej grand J Jury - was the
subject of ; evidence* and; argument'yes
terday. 1n ".;., Judge! . Cook's (court.% being
i broaghtxup. by; the^attorheyi: for ' the
! men L indicted " for \u25a0 car \u25a0 - strike \u25a0 v disturb
ances. .; . When the defendants T,- were
i called jOn Xto ._• plead £. anV objection"^ was
1 interposed vby^ Attorney"./ E. v F. ,; Moran,
who X contended / that^ the ', ; drawing ; of
144 names for.'anewjuryand-th'e certi
fication" of; the}, namearby the"; county
clerk acted, as ( a"dUcharge of the grand
Jury iWhich', subsequently Returned? the
indictments'; at \. lssue.',/. •/, \u25a0_;- ,/\u25a0/./ -.;.; £.?/, i
"/Assistant T-Dlstrict William"
Hoa?Cook,v after,: putting.; in S all •.avail
able :• records, V argued Jin opposition vto
the/contentlon J :of:theTdefense.*: r Accord-
Ing = to J his ' ;. yiew.f; backed*, by > a i code
provision,? a\ grand rjury.l can -~ only /.be
discharged v by A ah jorder.; of (cpurLf Judge
Cook itook I the/ question Sunder 'advise-;
merit "and /will . render,;- a j d ecisiqn'* next
TVednesday/,H;- /^;. v ,r/'/^f'/- :/"'-\u25a0' ?J"~".i"'.?i
The'AefendanU in -whose behalf Hhe
Friday's Events Concerning Graft and Grafters
Judge Lawlof decides that the prosecution may introduce the confessions
of all the supervisor* in the pending bribery case against Louis Class.
"' ;» : - . ";» ' V\u25a0'
Bill of Architect William J). Shea for $3,000 for drawing plam' for
temporary city hall never erected may be held up by Mayor Taylor.
Bdodling supervisors. object to plan to oust them, claiming they". had
"agreement by which they r»eretobe allotted to serve out their terms.
Eugene E. Schmitz and E. J. Zimmer. forced to remain in (he county
jail by quarantine established upon the discovery of smallpox in the
institution. ' ' •
Wants the City to- Pay Him
$3,000 on Hall Which :^
Will Not Be Built
i Another demand f0r. 53,000, passed by
the board of supervisors and drawn ; in
favor of William D. Shea, who. as
"supervising architect of the buildings
to be constructed underthe bond issue."
will receive about 5100.000 In foes from
the city, treasury., as published , exclu
sively in yesterday's Call, wiir shortly
be presented to Mayor .Taylor for his
signature and may be held up . in com
pany with the demands, aggregating
$31,617.25, previously drawn In favor, of
Shea . and other architects i for similar
"architectural services." The; new de
mand in. Shea's favor^is as follows:
To. architectural services rendered in
the preparation of -; sketches, - working
drawings' (including plans and eleva
tions), specifications, full size detail
drawings, one "colored perspective
drawing for the proposed , temporary
city hall building to be ; erected on the
site. bounded by Van-Ness and Linden
avenues and f Franklin " and^ Hayes
streets, in the sum of $3,500, thlsbeing
Shea's commission' at ' 8% per cent "on
$100,000,; the proposed cost of the build
ing. Shea considerately' takes off-'^j
per' cent, ? or $500, leaving ." his bill for
the services at an even $3,000.' •
' A peculiarity in connection with the
bill Is "the 'fact 'that '.the. temporary city
hall building will never be erected on
the ; site named, "; which Was tho site
selected 'by ordinance for the new pub
lic library building. ''•;.- ;
City officials say ithat the plans
drawn by Shea are not worth the paper
they are i written on/ and that they
cannot understand i why he ."'\u25a0 put in">" a
bill for $3,000 for drawings for a build-
Ing which will'notjbe constructed. Shea
has no qualms of .conscience In attempt
ing to collect $3,000 fora' lot'of . waste
paper, but that is part of the
graft scheme -whereby he and" several
other -architects favored bvjthe *mal
odorous Ruef-Schmitz reglm^were ap
pointed to draw $100,000 or more in fees
from the city treasury. .
.At the I time the ; bold faced- attempt
was made. last. August- by r the board
of supervisors to put a temporary city
hall, on the ; library .site it was .vigor
ously, opposed by the library trustees,
among whom- was -Mayor . Taylor.- Dr.
Taylor addressed the board , and said
that the: electors of the i city and^county
had j expressed | themselves ( in % favor 'Qf
purchasing ; a ?:site' and > ; constructing '-a
library building thereon; that the board
of I supervisors :? had $; exercised '/their
"prlvllegeTineelectirig the alternate site
in the block bounded by Van Ness ave
nue, Franklin, \u25a0 Hayes j and Fell streets/
and had ' formallstsdedicated the same
to the library trustees.. Dr. Ta"ylor ; told
the boardthat the" property was beyond
the jurisdiction -of the supervisors. The
courts: upheld 'Taylor's "contention and
decided 'that-, the /city ' hall could -not
be erected on the library site, an/ the
jobvfell.'-? through. i'But ~ Shea wants
$3,000 for preparing the plans, just the
same as though they had been utilized
to construct^'the 1 building. - - " < ;
The ordinance -authorizing the"^ap
pointment;of the architects for the va
rious school buildings, to be constructed
under Hhe 'bona- issue at an ( aggregate
cost of $2,000,000, upon which the archi
tects are -to. receive "3 per- cent, was
passed by the board of supervisors "on
November 'IS,'.' 1906, and approved -by
the then acting mayor, ' Gallagher, on
December 11. '" - , : ; r \u25a0
The -following ! ;iist desigmates". the
name of : each school, its cost ; and the
architect appointed under the ordinance
to prepare the plans: - • -. >
McKinlcj l ichdbl— Foortecntb and Castro
streets, $31,000; George E. McCrea. - "-•• • . • <
Bay Vierr achool— Block C, SlWer tf rrac«,*
$110,000; :8toa« * Siclth. -.
New school — Orattan and Shrader streets,
$ias.oOo; A. SX. Edelman.
Madison' > school — Clajr aad Walant . streets.
$54,000; M.J.LTon.._; - . .
. Park school — Sixth - avenue and B- street, $Sl,
000; A. F. He!d», • -. / .^ v
Satro echooi — Eighteenth and Point Labos
aT«nu*«, $119,000; F. D.'Vocrljees. " .. V
I Golden \u25a0 Gate school— Goldf n : Gate iTcnne and
Pierce street. $81,000; \u25a0 SalfleM & Kohlberg. n-. ; -
New school— York, »treet near Twentjr-third,
JSl.OOO; Banks * Copelaad.
Wlnfleld Scott school — Lombard . and Baker
streets,; s3o,ooo: Oscar ; Haupt. '- '\u25a0\u25a0 -
j " New : school — Lippwd - and Berkshire streets,
i $45,000; Karens & Toepke. \u25a0- - -
!\u25a0 West .End school — Porter and Worden streets,'
! $54,000; A. M. Edeltnan. ?..;'• : - :-
! " Ocea aside \u25a0 school — Forty-iece&d . aTen&e and I
j street, i3SM>OO; O'Brien h Werner. \u25a0
i Sew; achool — Connecticut and "Army streets,
$54,000;" O'Briea A Tferner.
Polytechnic school— Frederick street and First
arenue, 1 J375.000; D. -U. Kearns. ~ . : : :
v Snnnjside . school — Hearst if'.irae isl Foerstcr
street. $54,000: "Stone '4 i Bmluu
. Bergerot •-. school —^Twentj-Xourta • arenae^and
California \u25a0 street, '", $30.000; .. Emlle • Lctnme. A t
South r End school — Bacon and * Gtrard streets,
$S1.000: Wlulam , Mooser. 3 -.-\u25a0.: '-- v.'r;
\u25a0 - Baeridan . school-^Plymonth and. Minerva
streets, • $56,000; F." D. Vocrhee*. \u25a0 r • " •
Marshall school-^-Capp 1 , and i Serenteeata
streets, $108.000; , M. , ';
Sprinc -' Valley \u25a0 school — W ashln^ton and Hyde
streets. $119,000; Wllllamt Curlett. - : - \u25a0'\u25a0>
•; Jean ** Parker j schoot^— Broadway ; and ' Powell
street, . $119.000; • Stone -'* ' Smith. * , : ' .:.'-;\u25a0 -
\u25a0- GarCeld >* school — Union and Montgomery
streets, $108,000; D. D. Kearns. r
Panhandle^ school- 1 - Cole -and Grore streets,
$31,000;- Salfleld*;Kohlberj-, t: \u25a0 ;
Former Leading Man at> the Colonial
' ; Theater Takes ; Bride in the - •'
\u25a0 . \u0084 \u25a0. ' -. .East -, .-./;/
"Cards have been received from Bath,
N. T.; announcln g the marriage there
of I. Miss Clara Louise Chapman and
Morgan ."Wallace.*^ The ' bride is •'\u25a0 fan
•\u25a0' who . gained distinction as > a
member, of > # !The Man . on^ the Box"; com
pariy/li Wallace iwas \u25a0«? leading i man .at
the ? theater 4 In ; San- Francisco
lastii. spring."-::^ He? is/ a /Calif ornl?tn y by
ibirth*? and Z attended :the - university at
Berkeley/ for, a time.
latest r attack ;- on the? validity of J the
"grand Jury/i was - made "were: U7U 7 John -W."
HayesVand vßarney * Olsen^ indicted J for
assault' w|tlt'a deadly,weapon. f and*John'
Mltzeri t^Rudolph Schmidt,*George;Peter
son. . J.:C.t Kyle i and "JA Murray rMcDarnV
aid.' indicted -;for;,incitlng a-riot. • /v; ,:
i*ABO ' Roblesi Hot : Springs / ' /
. Oii Southern *Pacinc-. coast -line,*: mid- 1
way •\u25a0between-/ San ? Francisco 'and ; Los
Angeles." .% Excellent hotel;accommoda
tions.- Latest" equipments , for remedial
uses of mloevai Tvaierg, ' ~u *
Crude Work of ""Detective"
Khok to Be Thoroughly
Detective .William J. Burns stated
yesterday that'the &r and jury intended
to make a thorough investigation of
the- charge ' that an' attempt' had been
made ;'..• through "Detective" RlAard
Knox /of \ the .defendant's staff to | in
fluence 'or "get 1 a line r on" the jury try
ing; Louis Glass, vice president ot the
Pacific States S telephone . company, for
bribery. On Wednesday last Daniel L>-
Fitzgerald, late ran. employe* of . the
Southern.- Pacific^ company's auditing
department, testified before the grand
jury that. Knox had approached him
•with the request -that . he "discover
something" about Juror "J.'-G. Xorth. .
It is expected that Knox -will be
called before tHe'^rand Jury- at it 3
next session on Wednesday. Other wit
nesses are to be examined^ relative to
the alleged attempts at jury, fixing.
'":" "The , prosecution * is apparently satis
fled that ; of . the jurors who tried the
Schmitz extortion case . Charles Gish
and Royal W. . Cudworth were the only
ones , whom .an attempt was made to
reach. . The charges that H. C. Cooper,
the stationery dealer. Interested him
self unduly in the Jury matter and in
timated to Glsh that there would be
money "floating around" and that he
was a friend of "William H. , Metson. is
to; be probed further . and \u0084possibly, possibly
Cooper ; will -be a' witness at the next
session •\u25a0of the Inquisitors.
Specific ; ' Charge of State
Revealed in^ Extradi
tion Proceedings. ;.v
- CHICAGO, "July 19.— Th9 announce-!
ment received here today from Sacra-J
mentoto the effect that the; requisition
papers t issued by Governor Gillett ' for
Fred \u25a0 Magill and hl3 : bride ~of three
weeks,' . s Mrs. : Fay. : Graham Magill,
charge that Mrs. Pet Ma grill was killed
by strychnine administered by Magill
In a glass of beer, put an: entirely new
phase on the plans of the prosecution
"and the -galaxy of legal talent em
! ployed by the defense redoubled its
efforts toobtaln the release of Magill
I and his wife on habeas. corpus proceed
infT 3 - -
The. defense will ask; for an Im
mediate trial. It cannot be postponed
very long,, or the array of lawyers
who Will \u25a0 represent, the husband, and
his new" wife, will; bring habeas corpus
proceedings. •.: No one :. understands
better than; the state. i ;
. -Today \u0084many of the' 'leading,- citizens
,were^ In* consultation with the state's
attorney.: They had .nothing to sayras
to how he . should J proceed, but wished
to have him .ready to show as strong
a -case as was* possible In the\ short
time that he- would have" to ; prepare.
The evidence is of such a nature it will
require much .thought "and plenty" of
time.\; ; \u25a0k/Y'-^J, "\u25a0' . ' \u25a0' :-' : '
.The result of these conferences has
been that the state has employed: L. R.
Herrick ' and E. J. Sweeney to assist.
These attorneys are" the strongest
criminal 'i lawyers i. before the . Dewitt
county. bar.^ ~~l;>- ,
SAN DIEGO, July 19. — Fred H. Ma
gill 'and his wife. Fay.- Magill.;. who are
in :.the county jail waiting for Sheriff
Kairvey Campbell to take ;th«rn back to'
Illfnois to be tried for killing \u25a0Mr 3.
4 *Pet" ;Magill.; ; are * much 'disappointed
0%-er \u25a0 the | arrival of the ; sheriff.
Attorney Eugene Dany, said today that
; If * the : IlHnois ; sheriff 5 much more
tlme r on. his wayj out f here- the prisoners
would ; get'out i papers \ to hurry him l up.
'.\u25a0'\u25a0ll Sheriff Campbell concluded not to ac
cept"- Magill's l promise 7 to v i return with
out 'papers rand? went >to Sacramento'- to
get* theni.- thus -losing about 44 "houra.
'\u25a0 SACRAMENTp,-^^ July - I».—-Requisi
tions : from i the "l governor ; of for
i Fred Magill ;: and v\ wife, r charged With
I murdering ; the : former's ; first wife,"": and
i for » his ; present wlf e, , Fay Graham Ma
\u25a0 glll,'< were g honored' at -the governor's
I office this rmorning. ; , .
J^iL. : Topham. a lieutenant in' the
Thirteenth* infantry, rU. ; S. A., stationed
at Angel 1 island, V.was. was run s down { by an
automobneiyesterdayj' in Mission street
near ; Flfthis By fa'i singular icoincidence
the f owner ; and \u25a0 drlver^of \u25a0 the auto was
Colonel^Walter^ N.iKelly, a formerly iin
the i national v guard, tbut more recently
secretary.yof ' thW Meese-Gottf rled ; man-,
ufacturlng^: '^company ';- and-^ personal
friend !of "the" injured iman.V; \u25a0 . '
; Topham s accepted ;. all Responsibility,
for v the 5 accident. - He . - stepped : from
behind^ a : Misslon ;streetf carj andi di-,
rectly^ itf? front of ithe ; machihe/ln ; whlcli^
Colbnel J Kelly]was'riding. ; / The "machine
was "f. not t traveling i fast !. and Topham'?
Injuries " were g not S serious. !: :< His j ; right
leg ™ was. sprained, his i scalp 7 was cut
and -he {was "otherwise : slightly ibruisefl.,
He"? was : "/placed fe in - > the '; machine^', that
ran w'hiih 5 down C and ' taken ".'. to the • re^
celving hospitaL* ; ' v 1 ;;/ \
• Patrick Russell,}.: 'driver/ 'of.- a i coal
wagon^was ; seriously .^injured - yesterV
day:as ) the! result v of, a collision; between
his Cwagon ; and ta" Folsom f street ", car£a t
Steuart *\u25a0 street. i r ; Russell was ; thrown
to Mhe^ street; and ? in" addition .to^ a
broken? noseband lacerated * scalp suf
fered (fractures \u25a0: of ; bo th arms; ; He ; was
treated ; at v.the > harbor-" hospital. The
Hjpt^rmam ;w^s' arrested, "] :.-\u25a0>
Term for Contempt Will Ex
pire at 12 :3 0 O'clock
This Afternoon -\u25a0
Two Men Are Taken to Pest
House and Jail xls
oiUnder Ban . '
Emlle J. Zlmnaer's five day sentence
for contempt of court expires today at
12:30. At the \ same Uae that he is
technically released he will be served
with va . subpena to appear Monday
morning and testify In the trial of
Louis Glass, accused .of bribe giving,
and at the same instant that he is
subpsnaed he will be notified, that,
though he is .technically free, .he
must remain In the county jail, be
cause the prison- Is under quarantine.
Two'cases of smallpox vTeveloped there
and one' of the. patients was taken* .ttv
the", pesthouse yesterday. The other
was taken^ : flrst from the jail: to the
county hospital, where his malady was
diagnosed as 'smallpox., and then to
the .pesthouse. .' . * ; "^ : '-'..'
; So - Zimmer,' whose ' silence in tho
Glass "trial was said to he truly golden,
will pay; for his contempt! of court in
refusing v to repeat the story of Glass"
alleged authorization and signing of
the checks, by which the supervisors
were bribed, by the Pacific ~ telephone
company. ' aa told by Zimmer •" to the
grand jury. - . ' *'\u25a0
Monday, when the" Glass trial is re
sumed. If the- quarantine is not -lift
ed by Health Officer Watkins, Zimmer
will be an actual though not a tech
nical prisoner in county jail -2. If
the* quarantine is removed he will be
whisked • away from jail just in time
to reach court ag-ain and. be placed
on the witness stand.
As Assistant District Attorney Heney
is conQcSent Zimmer. will strive to earn
the .remuneration wh:ch" It is believed
he is getting for his silence and Im
prisonment, he feels certain that Zlm
merwill continue, to refuse to answer
the pertinent questions put to hint
about the* disposition of money paid
out" by the telephone company to - the
supervisors. •
~ : If he so refuses he will reverse the
sentiment of the popular song by walk
ing right out and turning. around and
walking \u25a0 right ' Into the county jail
again. He will* 'return at once to
prison to serve another five days" sen
tence for contempt of court. How long
Zimmer wHT be willing to keep his
taciturnity depends, say the graft
prosecutors, on- the. length of the bank
account he -.will achieve and the length
of the trials of Glass on his 11 ' Indic
• Judge Lawlor gave instructions yes
terday to. the- sheriff to relea.se the vice
of the^telephone -company at
li'3o, .o'clock .today and told him to
serve \u25a0 the subpena 'at once. He also
notified the sheriff not to allow any
prisoners out, or In until Dr. Watkin3
said all dangei- of infection had passed.
;Zlmmefs offense In refusing to tes
tify-will, become a "continuous offense,"
and 'will, obtain as long. as there; is any
legal-need for the evidence which he
withholds. Dnring the peFod the pun
ishment will be made coterminous with
the misdemeanor, r ,-,.."
Convict Schmitz is another wbo will
suffer by r the quarantine of tht» .^all
in Ingleside road. v He Cannot get
and cannot see his attorneys or any
body else until the smallpox ban is re
moved. ' - \u25a0 ?-*? -* '
1 The offenders -whose - sickness has
caused all this disturbance are Fran
cisco Ijebrier, "who was serving 'two
years for assault to murder, and Joseph
Ferris, ftvho was sent to Jail for two
months for robbery. - *--. . • •; •
.The. Little. Palace hotel at Post and
Leavenworth- streets is to be the home
of \the ; Bohemian club. : Arrangements
wprc cflmnlf.te.l yesterday, for a lease
for a period of .three and a half ye?,*s.
The delighted; club. members >will fake
possession; on September-!. '
The big, dining room, which since the
fire has been ' the , scene of "many, bril
liant entertainments, will now take the,
place, of the famous art room in*- the
old -club ' home at 'Stockton .• and " Post
streets."^ The little front Troom* will be
used as a library and ; reception room.
"What is now the breakfast room of the
Little Palace will bsused by the club
as; lts dining room. -.
HONOLULU.. July 19. — Joseph Goo
klm.: a has been
awarded \u25a0 $}9,QdO (Mexican) for Injuries
sustained! during the pillaging' of the
missions at "Lelnchow. *
Bujing a Home jr
Start a Savings Ac- :
count with iis. Add as i. \u25a0.
much as you can weekly [
"or, monthly, but jegulariy. I
In a surprisingly short jj
time your savings' and the" \u25a0 '-\u25a0
i : interest;-: will amount to |.
; some hundreds of -dollars. f|
THENyou-are Jn a posi- 3
jtioh: to^make a payment j
oaz^ home of your own. ; |
The great essential is |
to start a savings account, | -
; {Twhich ';.we' pay ; 4 per.
j cent? interest. £
CafiforDaaiid Hosfigoißay Slresis I .
"VWeaV'end" BrancK' 1 53 1; Derisadero '- 1
j' Mitsjon B ranch. 2572 Mussoa nr. 22d !{
,Up-town BraacLu':!74O Filbabre ar. "it
V:":"Satter.-V-' ."\u25a0 '\u25a0'. >'.., \u25a0-' '| . «
: Potrsro Branch. 1 9th : and Minnesota
— \u25a0MMMffg iff —* iff; u rm f»jp **f w wm ?m m •WWTM^^^
Z \u25a0- .;*' ;--.;-, »
}\u25a0 Prevents \
'jj America has been
j called a nation of dys-
| peptics. Were we to
| drink more beer, there
[would be less dyspep-
sia. Where beer is the
j national beverage dys-
| pepsiais little known.
11 For years Pabst has
|| recocmized this food
*l principal in brewing
I Pabst
I Blueßibbon
H TLeßcsroiQualxty \
S The Pabst Eight-Day
m Ilzltirg Process, takes twica
% as long as other methods of
jrtfl isakmj malt, but it retains
1 2 every particle of the food
IS rahia of tha barley-grain ia
'{? the raal t. " 3
§ The Pabst Brewing Pro- m
M cess extracts all of these *:4
rich, nutritioa3, health-giv- |3
Cl fog feed values from . the H
H zaaJt, and transmits thesa M
£5 in predig'ested form to tho f^t
P beer. ' -
@ Pabst Blue Ribbon Beer X
fe h therefore an active aid to *
y| digasiion, and consequently \
fa an enemy of dysoepsia. ;
s2 Drink Pabst Blue ' Ribbon g
£jj Beer regularly at meals and |
r-i between incals — your diges- &
£• tion trill be better, your
jfc health better and your ?3
S strength greater.
X., iVacn ortl4TtS'Sr &ccr # us 1
f| for Pabet Elua Ribbon. \^
XkgU Pabst at Milwaukeo 4%3
fj4*i& *- *i»« Brewery. S&ln
•V^f Thoa. W. - Collins & Co., \u
liy I 334 Ljsrkln St. 1]
« San Francisco. g
•} Pbon« liarket 2543. \u25a0
Savings Bank
The French Savings Bank .has de-
clared a Dividend of.
3 on aQ Its Deposits.
Cor. Setter and Trinity Sis.
.Above "MontKomery St..
How. little it\*sf How
little it adds to the weight
of th"c cup! It has cover-
ed. the sea with ships fora
hundred years.
Voar sts^S" 'ttara* \u2666O'st nssnej If jo» doa*t *
jike Scti:iiD7'» B:it; wt car nia>
Fa^imHs Signatun
Subscriptions and Advertise-
ments will be received in San
Francisco at following offices:
Open until 10 o'clock every nlsrbt.
Parent's Stationery Stere.
"Wood-ward's Branch.
Christian's Branch."
MB Jackson's Branch.
.974 VAljSjrClA STREET
Halllday*s . S ta t ion er y Stor*
Blake's Bazaar.-
3oii; i6TH st. '.coß. / aossxo'iv'
f International Stationery Store.
m= 3HSSXOX street \u25a0'\u25a0\u25a0
The Newserieu
I \ "George Prewitt's Branch.
' St.," Saa Fraaciaco. P».
fs£fe:o%iM&Wt ar? treated *!ri
tgfjz? * -fitSm** '" w * aad ff i r! > ttal B»'«B »'«
'^P'^rKT'^l^K^ tot OT * r 2-0 00 jean by
WSL'4^k; : .; ! S W^SB ?i million* of Ci!a<» < *r (»*o.
mi* : ?'TfeW^ 'pi*,'- Prtrat» slrkn,^*
B3g|» Wi^ \u25a0^sabv* \u25a0& -*~ sa<?ce»»fttlly trrntwl *>*
9&Bm%&3&3l '*\u25a0'"\u25a0'< lx * r!3B - Chotr Jnjsn Is
awK^ <?2SjaJl'"^ : :?' ~ * craiJuat* of* Ola?*e .
\u25a0g*"- 1^- -ffitff^*— 'I, '> \u25a0' medical cotlese «iscw«
crwlcorlaU. are attntrd by the Cbta*9* Aaba*-
?«.dcr «t , WashJßßtoa. Saa rraaciiwo oti<rr boari V
Men.. TT»«.« I We<L. Tbor«. Stoctto* ctte*. 125
XortttjHoßtgr St. — Friday. S»t.. Saa.
• ; PAST
Great Northern Railway
Telephone^^ Temporary 21 *J •

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