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6 ALAMEDA CONTRA COSTA TESTATOR'S DAUGHTERS WIN FIGHT FOR ESTATE Superior Judge Waste Ren ders Decision in the Blake Contest GRANDCHILDREN LOSE Attorneys Say They Will Carry Case to the Su preme Court OAKLAND. Oct. 7.— Superior Ju<l;ro Waste today, in ordering a distribution of tho estate <if Francis Riako, ;i wealthy «-.-tpita!ist, doeidod In favor of Hlakr's dßUgru«.ers, Alico' S. Blake and Nellie F. Wltcher. The suit had iK-en I>rousrht in behalf of Blake's jjrent jrnuidchildrfii. Beach Carter Soule and Everett Pomeroy Koul<-. ''The wiU ot Francis Tskik<\ whose •loath occurred In January, ISS7. gave half his estate to his wife. Mary Blake, nnd created a trust by which the other half was to be held for his daughters :in<! for his granddaughter, Ethel Pome roy Snule. In equal shares. The In « onto was to be paid to ther.j as it ac crued, but final possession was to be withheld until each reached the age of 30 years?. The will specified that In cane any of the three died before reach lug 1 the staled ag:e without children her share should -revert to the 1 Blake estate and be divided between the two that survived. Ethel Pomeroy, Blake? prandchlld by a daushter whose •loath preceded his own, was 11 years <>ld at the time of his death. She after tvr.rd ma.rrlj*j Beach Soule and died when 2" yen^? old, leaving two children, BearhCarter Soule and Everett Pomeroy , Sovilo. Kdward Sessions Jr., as admin- j sstrator of her estate, claimed that the! children inherited direct their moth- j or's share in the trust. They were represented by Attorney Samuel Poor- Miss Alice Blake and Mrs. Nellie Wltcher opposed this contention on the prour.d that the will contained no. reference to children who might .be born to a legatee who died before reaching the as;e of 30 years. Attor neys Charles S. Wheeler and J. F. Bowie argued that the fulfillment of the provisions of the trust was impos sible In view of Mrs. Soule's death with j surviving children. They contended that her share In the trust' wotild re vert to her estate, and not pass to her children alone, and that in such -a -case Alice Blake and Mrs. Wi^encr were also heirs to Mrf. Soule's estate. Judge Waste sustained this contention' with out attempting 1 to name Mrs. Soule's heirs. Her t-state ha,"? n<>t yet been j settled in the probate department, lie \u25a0made an order directing Miss Alice Blake, administrator of her father's es tate, to turn over the shares to Mrs. Wltcher and to herself and also to turn over Mrs. Soule's third to the ad ministrator of her estate. E. C. Ses sions. Francis P.lake was a founder of the pioneer paper house of Blake, Moflitt & Townc. His.. estate Included interests It! the Blake block, at Eighth and Broadway, property between Ninth and T< nth streets on the east side of Broad way, tlie southeast corner of Fif \u25a0'tcenth street and Broadway and J several lots in Broadway near Walnut street, all in Oakland. Several largre properties belonging 1 to his es tate; are located in San Francisco. Clake a.lso owned a ranch of SOO acres En Mytloc county and 520 shares of the capital stock in the^'firm of which he was the head. Attorney Samuel Poorman Informed Judge Waste after the decision that the case would be carried to the supreme court of the state in behalf of the Soule children. "BUTTS" ON BEDPOSTS ALLEGED IS CRUELTY Cigarette Smoking Figures in Oakland Wife's Divorce Suit OAKLAND, Oct. 7. — Cigarette smok ing In bed and the. placing of the "butts'* on the bedposts for possible fu ture reference is cited as an Instance of the alleged extreme cruelty to which Fr . od Cecil Osier subjected Esther Maud Osier, according to the complaint for divorce which she filed today. Remonstrances had no effe<t in Hbating the evil, she said. - ~ Osier remained out nights ajid came home drunk, and this happened so often that ?he was usiable to number the occa sons. His absence until long after midnight from a dinner party set for 6 o'clock and her vain search for him resulted In much suffering, she claimed. Finally he loft a good position and went to Utah and she accompanied him and endured r.Mirh suffering by reason of his drunkenness on board the irsin, she alleged. He also accused h<*r of looking much too old as a result of her experiences 5n matrimony, she snid. And at last, Mrs. Osier claimed, he notified her he <-ould got along without .-her and left her in Sacramento. -.-£^\ Suit for divorce based' -on alleged failure to provide lias been- commenced by Lida Wiokes against Albert J. Wickes. She says he deserted her. Desertion was charged in a com j.lair.t for divorce by Mary Cartan against Charles A. Cartan.. Jane McKay has filed suit for sepa^ vale maintenance against Patrick Mc- Kay, whom, she claimed, deserted her w!ii!'; living in County Antrim, Ireland, a year ago. McKay was said to have' come to Oakland'and- bought property at Elm street near Hawthorne avenue with their savings and later agreed to sell the property to E. T. Thurston Jr.| Mrs. McKay asked an \u25a0, injunction' cgainst this sale and $.",o a~inonth ali mony. She also asked for a receiver to take charge of their community prop erly pending the action for separate maintenance.' II.«DMSLI< GOBS TO PItISO.V OAKLAND, Oct. 7. — A. L. Hadsell. iiequitted In the courts of this county of forgery charges, was in the cfty prison last night on Ills way to: San Quentln to serve five, years: for : a crime committed In Lbs Angeles. AKRAXCK FOR .MASQUUUADK BERKELEY. Oct. 7. — Preparations for the masquerade to be given- by the Sports and Pastimes club,* an organiza tion of university women, in Hearst hail on Thursday-night are complete. There will be vaudeville stunts by the women students, with ' a line" musical program. CAXI> V — CAX D V i 60c French mxd. — 25c at Osgoods*. • News of Four of the Counties Bordering the Bay BUYS LAND, BUT WILL GIVE IT UP FOR PARK Oakland Banl> Syndicate Secures Slice of the Moss Estate TO HOLD IT FOR CITY Condemnation Suit Is Begun AgainstVAdams Point Property Owners OAKLAND. Oct. 7.— A syndicate of local bankers, represented by Wilson S. Gould, bought 12 acres of the estate of Julia Moss in Judge Harris' court to day. The syndicate will hold the prop erty for six months, during which time the city of Oakland may buy It for park purposes at the exact figure named in court today. The amount was $65,100, as against 555,100 offered at private sale, one week ago. A: H. Breed, In behalf of realty dealers, made the offer at the time, but the objection of 11. A. Williams, one. of the heirs, that tho sum was' too small caused Judge Harris to refuse to rat ify it. : -"':l Breed raised his figure to $65,000 to day, when he withdrew, and City At torney McElroy. with an additional $100. wa"s the final bidder. McElroy represented* the city, but 'when the sale was announced Gould qualified as pur chaser. The Union savings bank, the Oakland bank of savings and tho-Ccn tral bank are in the syndicate. A resolution Introduced in the city council directed McElroy to arrange for the purchase of the property for park purposes. It is situated at Broadway and West Moss avenue, near Fabiola hospital, and is beautifully wooded. The city will endeavor to secure final possession of it under the provisions of the park bond issue voted, early in the year. City Attorney McElroy began tlTe ex pected condemnation. suit today where by the city will secure for park pur poses property ownefl. by Edson P. Adams at the head of the northeastern arm of Lake MerriJt. Ada)ris and his wife Elizabeth, with several John Doee, were named as defendants in the action. The site includes the eastern part of the wooded section of Adams point. BOY ROBBER, AGED 10, LEADS TILL TAPPERS Trio of Young Thieves Are Captured in Raid on Cash Drawer OAKLAND, Oct. 7.— Eugene Ormshy, I aged 10. living at the Carlton house; jTommy McKenna, aged 12, living at 328 East Eighth street, and Charles Graft, aged 11, of 662 Fourth street, were placed in jail today as clever sneak thieves whose specialty was till tap ping. In the presence of Chief of Police Wilson and Captain of Detectives Peter sen this trio of youngsters bragged of their work. Their boldness startled even the two experienced police offi cial?. Ormsby. the youngest of the gang, was the leader and took the risks In the actual stealing while his confed erates played their prearranged parts in the schemes for robbing store tills. The alertness of James Martin, a youth employed at his father's stove repair shop, 557 Eleventh street, led to their capture. Mrs. Martin was tending the shop in her husband's absence when Ormsby, McKenna and Graff entered. McKenna and Grjin! engaged Mrs. Mar tin in conversation while Ormsby made for the cash drawer, from which he gathered $23. Young Martin, who was in the back end of the shop, saw Ormsby suspiciously near the till, and rushing out he grabbed the youthful thief with the stolen., cash in. hi 3 hands. The youngsters produced $10 hidden in their shoes. at the police sta.tlon and confessed it was stolen this morning from a Center street grocer's till. The iboys also admitted that they had stolen $4 from a Union strVet. grocery and- S2O and $23 respectively from branches: of the Owl drug company In this city. They were held pending investigation. BURGLAR IS " FRIGHTENED AWAY BY .WOMAN'S CRfES Domestic in the Home of Rodney McCormick Upsets the Plans of a Cracksman \u25a0 OAKIiAXD, Oct. 7. — Awakened from sleep early this morning by the noise made by a burglar, who was trying to crawl into the dining room through a window. Miss Hazel Yorke, a domestic employed by Rodney McCormick- of 37C7 SUvcr street, grabbed a large glass pitcher to defend- herself " and then put the cracksman to flight by screaming to the other members of : the household. She was sleeping In 1 the dining room because of illness In the family and occupied a couch -near- the window. \u25a0 Tho burglar climbed toY the window and was attempting to remove a screen when the woman was aroused. She thought at llrst'that McCorralck's brother had been - locked out, .-and peered at the window. As she did; so tho'' screen was lifted out and .the shoulders of the man r came .into r the room. Then she seized .the pitcher, and screamed and the intruder'dropped out of sight. In the mornlng.lt was found that ho had. tried other window's. : -', : ; ENVELOPE CONTAINING _^ A DEED IS TORN VUP Daughters of Mrs. Lippold Claim They Are Illegally Deprived^ of Property OAKLAND, Oct. 7.— Mrs. John Sny der and Mrs. Minnie Finn .have : begun suit in the superior court todetermine tlie ownership of a lot located. near, the corner of Twenty-first street.and" Six teenth avenue, which they allege Ula claimed byvßenoi Lippold/' Edith Richr ards, Mrs. Frank.. Portello;. and;; Mrs. Frank Lippold. Mrs. Snyder and- Mrs. Lippold claim 'their mother, Mrs. Cath erine E. Lippold, gave them^a Jdeed to the lot sometime before her death. While residing in . Marsh field, (Or.", they heard of their mother's death and said they tasked H. : Shurz to register an envelope .containing the. deed /and send it / to > Oakland - ; to '\u25a0;\u25a0 be: recorded. Shurz. tore up -.the -envelope and -de stroyed the,;ileed, . they claim. Since then Mrs. Snyder^and Mrs. < Finn,; claim the defendants, hi/ the -action* as heirs of, Mrs. : Lippold," r.'are "occupying ;j the property; and keeping them out rofp6s sessiou of it. " -'.'\u25a0' I THE SAX- FIIAyGIiSCO (JAbL, aJUESDAY^ OCTOBER ,8, 1907: Former Calif ornian to Give Recital for : Oakland Friends MADAME SOFIA NEUDSTADT, WHO Wir.r, (!IVK A SONG RECITAL AT KBKI.L AUIM TOUIIIM THUIJSPAY EVENING; OAKLAND, Oct. 7.— Among the no table,musical events of the winter will be the song recital by Mme. Sofia Neu stadt in Ebell auditorium Thursday ev eninpr. Mme. NeustaeU has been spend ing the last two months in Oakland as the guest of her family in Webster street, and because of the Insistence of her friends consented to give a recital in her home city before leaving for Edinburgh,, where her husband holds the chair of music in the university. Her Scottish home is the center of much of the musical life of that city. Ten years ago Miss Sofia Newlands left California for the continent to con tinue her studies. She trained under the finest masters of Europe and won the praise of the critics. She has. re mained abroad ever since, returning 1 eight years ago for a brief stay. As a girl she was prominent in musical cir cles In Oakland, taking an active part in church and concert work. It is in teresting to her friends to witness the progress she has made. Last month Mme. Xeustadt appeared before the members of the Home club, giving a lecture on music and illustrating her theories with a group" of songs. At that "time, she charmed her audience. At the last Orpheus concert; her soio work called forth the enthusiasm of her hearers. Mme. Neustadt not only has a so prano voice of bright timbre, but has the gift of interpretating. the song to reach the minds of her audience. ; She is an accomplished linguist and a •woman of great charm and culture. She will return to Scotland within tho fort night. The program for Thursday night is varied. It will be as follows: (a) "Where be Goin'.?" fold Cornish), (b) "The Gentle Maiden"" (old Irish), (c> "See Where My Love" (old English): "Die Lorelei" (Liszt); (a) "Apres un Reve," (b) ' "Les Berceoux" (Gabriel Faure), (c) two eighteenth century French songs; (a) "Ich denke oft-ans blaue Meer," (b) "Liebesfeier" (Wein gartner), (c) "Ich kanns nicht Fassen" (yon -Tielitz), (d) "Niemand hat's Geseh'n" (Lowe); (a) "There's a Bower of Roses" (Stanford), (b) "The White Knight" (Cyril Scott), (c) "Le Chant de la Vie" (Metcalf), (d) 1 "I Know a Hill" (Wbelpley), (c) "The Lark Now Leaves His Wafry Xest" (Hadow). Frederick Maurer Jr. will be the ac companist of the evening. : Mme. Neustadt has been widely. en tertained since coming to -Oakland by her many old friends.' Suburban Brevities HOOM Bu-EGLAHIZED— Oakland. Oct. 7.— John Perry reported to the police that his room at 9o(( Franklin street was entered last night and » gnltcate, a camera.: clothing Rnd a • hand glaes, all valued at. sso., were stolen: 1 :. PETTY. THEFTS KEPOHTED— OakIand; Oct. 7. — A thief who entered tlie room at the Clay house. In Clay street, occupied by E. C. Wetzel and N. G.. Cully last night, removed tho money from both men'e trousers and left without taking anything else. v AVetzel lost $14.75 and Cully $17. PLAN TO BTTILD HOTEL— ralo Alto. Oct 7 A mass meeting will be held in Mullen's hnll thl» evening, for the purpose of interesting the citizens In a hotel f.rojf^ct. . The old \ Sigma Alpha Epsllon fraternity boice. . may t>e secured for a hotel. ". . \u25a0: NEW CORPOaATION FOBMED-OnklnnrJ. Oct. \u25a0 T. — Articles 'of . Incorporation \u25a0 have been filed ,by • the / George , Robins Incorporated : com pauy for the purpose of. engaging In tbe real estate and hotel business. The cspltal ctocV-is $200,000, and cf" thin $140,100 "has b<>en sub- ; scribed./ - - ; . ; \u25a0 • ' SENTENCED TO SAN QUEXTIN— Snn Kafael Oct. 7.— "Mcmeh*" Garbar, a Maria county char acter.' convicted of grand; larceny. rec«ntfy; was sentenced today to three ;; rears' imprisonment In San Qnentin. Garbar was eburped . with hav ing entered a butclier shop aud stoleu articles of small value. ' • \u25a0 t ~- . -. \u25a0-.. MRS.'CASILL'S TEIAL DELAYED -Oak land" °c 1 -' '• — The jury trial of M*ry K.- Cahlll,: the school teacher who was committed to thestate hospital at Xapa recently, was postponed : until Wednesday, owing . to; the failure ; of r Attorney Austin Lewis to h have his , witnesses present In the courtroom. . _ WILL LECTURE ON DRAMA— Alameda. Oct. "• — The second ' lecture of the 10-ul university extension- center will be' delivered :In thesTlnl tarlan • church < tomorrow , nl>;ht . by,"; Prof.* Fred erick Mortimer Clapp of ; the University of .Cali fornia. His subject: 'will !*>. "Tiio ' Uegrlnnlnss of the I)rama ; and tho : I'layxvrlghts. i, the " Fcre runijers'of Shakespeare.''-,,/ \u25a0 :: - \u25a0 DIES '11171 117 "I DSLfEIUM— Oakland, '. Oct. : 7.— Joe r»pez. aclaborer 22 ' years"old;:s "old;: died of delirium ; tremens In , \X\*[ East Bay sanitarium; -. lnto which , he. had wandered last nipiU.": He-- was ravina: from the " time he \u25a0 was ; foend \u25a0 In . the : hall : of ( the place i until : his ' death . at ; 2 o'clock " this . tnornlng. During his ravings ho ' spoke. : of 4 Rodeo, and It i« believed he came from that' town.'';. The coroner's office has sent word, to the./ Rodeo authorities: \u25a0 '- ST XTDENTS DEBATE . FOB ! MED At— Ala meda i Oct. 7. — Neil '.Wilson. '.Allan j Berrlnger, r Mctcalf Rlmonscn. William -: Wleland,'-. 1 Chester ;,Tuf ts T and ErneEt I Brown | of > the 'Alameda* hlph I school j have been chosen ; as", the ; blx>- debaters \u25a0 who ? will i con test for, the medar offered; by ; the ,Unltarian;cluhi The debate will', take 'place -November ii ion" the subject, \u25a0 *• Resolved. 'i That f the X 'socialistic Z~ prin ciples of ecjual ; wages ;w%uld- be -.detrimental •: to progress." / . .:" " . .' • ; < AVI fAi'i n AR ;; S A L.OON S i OAKLAND," Oct-T.^As'a result of .the filing; of , a' protest \u25a0 signed [by a 'majority of r ithe^'electors^in^rDimond;, with v] the board of today no -new, sa loon •; licenses ; can ; \beV granted : \n • that district,; and -.when; the^ 'present •.'' permits "expire they,, will 'no t l be;rene wed. \u25a0;^r-*:'- ; . \u25a0 - - / -. -; iM^*" w "iff«igHßM*^fß MAYOR: FERRIER FALLS : \u25a0 BERKELEY^Oct.gV^As}. the; result of: a- fall *'in/- the; dark -= Mayor -Francis Ferrier,r6f this 'clty^ has this: leftjarmlirf a sling. . lie wilU be unable: to 'use 'that member; for several ,'days, '•-.. " , , ; , PAYS TRIBUTE IN WILL TO HIS TRIO OF WIVES Veteran' Provides for Rear ing of Monument to .]. : Their," Memory \u25a0. . -i .-,/ -./ : \u25a0 •\u25a0" "\u25a0 \u25a0 .\u25a0\u25a0 \u25a0\u25a0\u25a0 TREATS ALL ALIKE Eulogies of Departed Mates , and ' Himself to Grace Same Shaft • OAKLAND, Oct. 7>— A granite -shaft wlth:four polished faces consecrated -to' the mQmory; ; of ; himself and: his/. th'red devoted wives.- who succeeded one an other in, the primacy, of. his ntle'jt'ons and in their, turn had gone before hlrn into' the. landr'of shadows, is provldec for in the will of William -Smith, which Superior, Judge Harris admitted. . to pro bate today: \u25a0 - -, ' ;v//.:.,; v //. :., . ;' ..Smith, a veteran of a Mississippi reg iment in^ the war.of liiQ rebellion, -who served also in the English army, lived in Fruitvnle, but died recently In Provi dence hospital. S His will ; lncluded it he following directions for. commemora tion:..-.-... . :' -, \u25a0\u25a0\u25a0\u25a0:\u25a0...-.\u25a0.\u25a0 :; ;-\u0084 "Then let out Bids for a.sranat shaft not to exceed in price 500; dolarg with four: polished Sides- lelttred "In/ those Words— first side William Smithluprh at Ottery Slnt Mary Devon Shir*' Eng land January 14, 1838 and a volunteav and a member of they. 17: Regment: cf Mississippi C/S. A. 1861,. they other three sides first to my Dead Wife Eliza beth Smith; neClapp of Newton Top pel f qrd near Ottery at St., Mary -Devon Shire -England, -and they' other to my. second wife, W.M. Smith, ne Metcalf of Chicago, ill— to my': third .wife Ella Smith ne Martin of Ralston, La. I have no children:living but thr.?e dt-ad chil dren— one burried at London, England one at Mephis Tennesse— ono by . my first wife, my second wife is burried at Mounain View Cemetary Oakland, But No Children by her— rone child died at Shreveport, La. I aye no other wifes or child." He also provided for one "hers ',-nd two carrages'l at his funeral. Ho; di rected that three large photographs of his three wives and of his motber be borne" to his grave on his caeket wrapped with the stars and stripes and the flag of old England. j I '\u25a0\u25a0 'Smith's estate; was valued at $2,500. Dr. E. R. Wasncr was appointed ex ecutor. I Society in Cities Across the Bay OAKLAND, Oct. 7.— The marriage of W*alter Cole and Miss Winifred Burdge was solemnized this evening with a simple^ ceremony, at \.tho' residence of the bride's sister, Mrs. Bernard P. Mil ler, in east Oakland. Ohly the mem bers of the' Burdge and Cole families with a few of the closest friends, mak ing 25 guests, participated In the wed ding festivities.; The spacious rooms of the . MillerThome % were garlanded In roses!: carnations and ferns, the color scheme of the decorations being worked out' in tones of pink a-hd green. On the broad platform* 'at' theY end of the reception hall the marriage service was read by Rev., Charles R. : Brown, pastor nf the "; First Congregational church. Miss Burdge was^attended by Mr. Mil ler's cousin. Miss Mary Wilson,' as maid of honor. Miss Wilson wore a pret ty gown of pale pink crepe de chine and carried a spray bouquet of enchantress carnations. The" wedding dresa .was fashioned of white satin; messallne, elaborated In rare lace. A broad panel of lace fell f rom ', the corsage to the hem of the skirt. The bodice V was finished with a deep collar- of the same design. Miss Burdge wore the' long tulle-veil and carried a spray of lilies of the valley. She was given Into tho bridegroom's keeping by her brother in law, Bernard Miller. Percy i Norwood of Santa Barbara served as best man. . ' \u25a0• '.. After the wedding supper Mr. and i Mrs. Cole left on their., honeymoon,; which will take them to Mendocino j county for some weeks. They, are planning-: to. .return to -Oakland for. a • few days before. going to their new home In Tonopah. \ Cole Is a young attorney of Nevada i who has: met with much success In his profession, -lie comes of a well known family of Santa Barbara, where he formerly^ made his home. :He : : is a. graduate of -the law. department of the University of Michigan and a mem ber of the =Sigma .Nu fraternity. At one time he was registered as an;.un dergraduate in' the .University of Cali fornia. His bride may claim a host of friends in the bay. cities, where; she was a favorite -In the smart set. With her r sister, Mrs. Miller, Mrs." Roland Oliver, Miss Grace Sperry : and * Miss Florence Ninghtingale she. was one. of that ; interesting household of .V girls which made Arbor Villa,' the residence of F."M. Smith, a few years ago the center "of much of the social: gaiety of -'this ; side; of the bay. Miss Burdge, however,": cared little for. the life of "a society' girl. She entered the, Children's hospital of .San Francisco tb'train Sas a nurse, \ graduating with' ! honors a year ago, /since /vvhich time v she ' has been following her ' profession. Mrs. Cole is "a singularly unaffected girl. cl*ver and .with rare,* gifts,; of, lmlnd. \u0084'.,; : The: T he romance . which culminated y in the .marriage of y this evening. had s its beginning -• several years ' ago. : At the time of,;the ••San ; Francisco fire both Cole and ;his bride-were' among." those who worked''to^alleviate the suffering of ; ; the stricken. '." \u25a0"" *.Vu'- \u25a0 ' "~>* "\u25a0 * \u25a0 '\u25a0'*'' The "attractive home of Mrs.. Charles G. r Yale f overlooking Lake^Merritt -will b'c/the scene of a" pretty* affair Friday afternoon ;: when J>lrs. i Yale .presides cat luncheon,* her. scorejof. guests 'including the '; members r- of -- the 3 Wheelock i whist club, Kwhose" .'\u25a0: gatherings V for .Ither; past several years Jhave'jbeen^ of vthi^ most delightful.*^; Covers "f .will be Maid 'for Mrs. - : John -.Yule,'.; Mrs., James P.; Neville, Mrs. Gordon ' Stolp, ; Mrs/Arthur . Brown, Mrs.'': Remi? Chabot. i Mrs. CO." Brown, Mrs.!Qulncy;Ar Chase. Mrs.- Moylah : Fox, Mrs.YAndrew iFine. Mrs.". J;- P.i Meeha'n, Mrs. Henry.: Wadsworth;, Mrs." A. P'.tCof fin.'Mrs: G.vW.^ Cookf Mrsr f Th6mas Crel-' lin. r ; Mrs.^.W. 1 C^ fCdes,; M rs.j David i Eastt. ierbrook.f: Mrs." Melvin" Chapman, ; Mrs. Samuel 'j Hubbard, ; Mrs. : E. T. Henshaw, The annual meeting of the Ebell building associationjand' the election, of directors-tfor ? thej coming j year % ".took" place ;' this i morning^ in; tho i- Ebell jclub-^ hbuselimHarrlßon street.;^The-associa-^ tion finds Itself- In the most flourishing I condition, ;the reports of the showing ; a ; successful -year.; just '^closed. ; : -^The'v- follbwirig.V. women "•'-. were \u25a0 as ; directors *a t^ this 5 morning's \ session: Mrs. \ John J C: ; Lynch, Mrs.%T. J C. '" Coogan, i Jtvtrs.;B. S. Hubbard. Mrs." JR. WVKlnney, DR. GILLIHAN'S ORDER STIRS THE STUDENTS Directs That "Other .Physi cians Be Excluded From Infirmary APPEAL TO WHEELER State ; University President f :Asked to|Pass Upon the -Ruling ; /BERKELEY, . /Oct. . ,7.— President Wheeler of the university will be called upon tomorrow to.settle a controversy that' has, been raised at the university in , regard to an order of Dr. A.F.'Gilll han;.medical: examiner"; of, the students In, charge of the students' infirmary, to the effect . that Inmates of the students', hospital . should r be ; treated by him to the exclusion of all other physicians. : :.. As "the result -of the order a number of ..students : have left the university hospital," where they., were taken im mediately, after their illness, and have sought treatment elsewhere. Dr. Gll lihan^cjalms : that;he. is only carrying out the orders' of J>r. George F. Rein hard t, who ; made the rule in regard . to the of outside- physicians. Dr.* Relnhardt is traveling in Europe and Dr. Gillihan is acting as examining physician . for' the students during his absence/ * -*« ~/ The disagreement which President Wheeler will settle tomorrow had Its beginning early In the term, when a number of complaints were made by students confined in the infirmary to the president of the student body, James Burke. No action was taken at •the: time, as it was thought the matter wouldadjust itself. -' \u25a0[ So raanj^ complaints have been re ceived Yin the last few weeks that, the student leaders will take the matter to President Wheeler tomorrow, with the endrih;- view of hla revocation of the rule in dispute between the medical examiner and the students. Two recent cases are those of t Hugh Hunt, the freshman football player whose leg was broken In the game with Santa Clara, and W. M. Hollister. suffering from typhoid fever. Hunt when he received the injury was placed in the care of Dr.. Frank Simpson and removed to the students' Infirmary. Dr. Gillihan would not allow Simpson to attend Hunt at the infirmary. Hunt was then removed, to the Roosevelt hos pital. Hollister is prominent In fra ternity circles at the university. When he was taken ill his family ordered that the family physician be called to attend him. Dr. Gillihan declared that no physician besides himself would be allowed in the building unless called for consultation. ,- IIolllst«r's case will be determined by the head of the university tomorrow upon the appeal of James Burke, presi dent of the student body. V V:^ OAKLAND HEALTH BOARD STATES EXACT CONDITIONS Rat Catchers Are Busy Placing Traps in Many ; Basements and Warehouses OAKLAND, . Oct. 7.— The board of health Issued the. first official bulletin on : 'the' situation todaj\ grvlng the number of bubonic cases found in Oak land and the exact conditions. Similar bulletins will bo. issued each day, au thorized by the mayor and by Dr. John D. Long, the United States surgeon in charge in this county and in Contra Costa. _The gangs of rat catchers are busy placing traps and in two days more than 2,300 will have been left in base ments and in. warehouses where the rodents are to be found. It is thought that when •in full . operation the men will : each turn in an average of 50 rats a day, there being 70 men -to make up the gangs. SHUX RAT CRU SAD E ALAMEDA, Oct. 7. — In direct opposi- tion to. the recommendation of Dr. John D-ILong, federal surgeon. ln charge of the sanitary situation rln Alafheda and Contra- Costa counties, the /Alameda .city;, board of health voted tonight not to co-operate with Oakland in the cam paign to exterminate rats. IMPROVERS TO MEET OAKLAND. . Oct. 7.— The third;meet ing of tho' Santa Fe" improvement club will be held Tuesday evening' at Rose hall, 6012 Adeline street. Reports from the lire and police committees- will be presen>ed.^TA general'discusslon of the needs /of the property owners and resi dents ; in the Santa . Fe tracts will be held.:, . '"'I \u25a0\u25a0..:. \u25a0 ', Miss Eva Powell, Mrs. M. de L. Iladley, Mrs. John A. Beckwlth, Mrs. Edwin Booth; Mrs? James B. Hume. Considerable Interest' is being taken In the ; announcement . that: "81-Bi," the musical j comedy ot '\u25a0 Toyland, will .be presented". by, '.the. club; on the .evenings of'Thursday and Friday, November/ 14 and 15; and'ori the afternoon of Satur day, November 16.:* * The J play ; has been presented .with a -'\u25a0 marked 'success throughout .the state, claiming as many as .; 1,000 productions Vunder the man agement of John B. Rogers. Mrs. A. E. Nash,; curator- of the choral section, and ! the ' iwomen of the section are busily -arranging the details of the per formance and securing the cast from among the. talented musical folk of the city. '' ' '' ~ \u2666 ' - "-- .• \u25a0; :\u25a0\u25a0\u25a0\u25a0*-/\u25a0-: \u25a0\u25a0 " •\u25a0"\u25a0• . • . : . . 'ALAMEDA, Oct. 7.— The wedding- of Dr.' Harry; D.- Smith of "this city and Miss - Daisybelle ; Cross will take- place Wednesday evening In the Unitarian church,." Berkeley. ; ; Invitations have been" issued to '3 00 persons to "witness the marriage, which will be performed byußev." Johu Lathrop. The brides maids will :\ be^ Miss : LilllaT* Kindred/ Miss Emma' Blanchard,' Miss Ruth See- Iy^and'.Miss' Madge Culver, while Miss Fay Rldgway 'of \ Los : Angeles ; will *be maid of \ honor. /The best man will be Charies.Heiser^and the ushers will be 'Chafles^Teller.i Ira^RiiHch,* < Walter Cross'ahd Frank Paramlno.r Miss Cross is the daughter of Mr. and- Mrs. J. C. CrossV W}l? '* \u25a0"'":.•'•'; " ':'•*„' \u25a0 ' M;Mlss .Mabel; Smith of 1519 Lafayette street" entertained ? at ,' a "hard ; times" party,^at:;her"-home^ Saturday '* night. Twent>'lguests; participated.* : t"aMrs.'Frank:Thoinpson of Grand Juric tionr ; Colo.;:, isi the^guest"^of Dr. C. LL JThornpson and; his --i mother^ at • their home,-.: 2233 'Santa.; Clara ; avenue."" ,' :"' : ;;:Mrs.V.' Louisa has -'returned frohi';a"vVislt";of 'six weeks with" friends in' 1 ! Portland. Or.; 'and' Is^how, a. -guest at s thftJSt.-'James.(7 v ;i-. V^J; '| V'h \u25a0\u25a0•" : George ID." Morse, a prominent mem berVof;the Elksand ; of , the Young. Men's Institute -" will 5 i Thursday . ' even- Ing? f 9 H { Portland, ' 0r.," where/: he* will enter {the {'employ of a larga business "house h as ? a "* commercial -traveler. " J EXPERT TRUSS FrTTEHS , Full line. OsgoodsVDept Lrug Stores.;*?. BERKELEY POSTOFFICE SITUATION UNCHANGED Committee Calls on Repre sentative Knowland to Discuss Matter TALK OF COMPROMISE New Candidate May Be In jected Into Fight Over \u25a0 Postmastership BERKELEY, Oct. 7. — Representative; Joseph -R. Knowland has reached a frame of mind toward the- Berkeley postofflce situation . which indicates | that he has decided he does not want to" fight President Roosevelt too hard over the .appointment; of- Clarence S. Merrill as . postmaster. Knowland is paving the way to talk compromise. That his candidate. -Charley Thomas. is absolutely out of It -was made cer tain today, when a delegation, of lead ers in business and professional life in Berkeley waited on Knowland at his \u25a0 Oakland office in company with the postmaster. -r Merrill went to pay his respects to the congressman. The others went to urge Knowland to favor Merrill's ap pointment when ha should reach Wash ington, this winter. \u25a0 To that proposition Knowland was quite emphatic in his refusal "at this time to consider it." But he was not so insistent when the suggestion — just | a peep of a suggestion — was made dur ing a three- hours' conference that a thlro* person might be selected as a compromise candidate. K/iowland was assured and was told that Merrill was the choice of the Berkeley residents, and that so far as j that was concerned the man named 1 by President Roosevelt as a recess ap pointee was a most satisfactory selec tion. Knowland said that his position was unchanged thus far. He had sent In Thomas* name and had yet to hear anything against the nomination. Knowland told the committee that if Thomas* appointment should prove to be impossible that a^third man might be chosen, in short that Merrill was only a recess appointment and could bo withdrawn. But the Berkeleyans said that Mer rill had resigned a position to take the postmastership and they, therefore, desired that he should be retained. After the conference It was announced that the Berkeley committee told Knowland that 75 per cent of the resi dents in the college town were for Merrill. At the conclusion of the con ference Knowland assured his callers that he would investigate carefully all of the angles of tho situation. Among those who went with Merrill to Knowland were Assistant Postmas ter JW. P. Phillips and a citizens* com mittee composed of J. L" Barker, E. E. Newton. T. W. Foss, E. R. Hallett, E. J. Martin (chairman) and Professor Irv ing Stringham. OAKLAND COMMERCIAL MEN FILE GRIEVANCE Ask City Council .to Amelior ate Intolerable Switch ing Conditions OAKLAND, Oct. 7. — Affirmation of the account published in The Call of the chicanery practiced by the South ern Pacific company in its switching agreement with the Santa Fe was brought to the attention of' the Oak land city council this evening. Many manufacturers and merchants who are excluded from Santa Fe freight ser vice owing to the terms of the agree ment petitioned the city council to make the Harriman corporation rectify Its agreement with the Santa Fe before It could obtain further favors from the city. The Santa Fe railroad, which has its terminal at Fortieth street, con tracted for the Southern Pacific to han dle its cars within the latter com pany's yard limits. By adroit cur tailment .of those limits the Southern Pacific was able to put a large terri tory beyond the pale, and shippers af fected would have to pay a rate amounting to a 20 or 25 per cent in crease to get their goods handled by the. Santa Fe. The excluded district lay north of Sixteenth street and east of Alice. : The resentment of the affected ship pers: became manifest when The Call published exclusively the details of the difficulty which faced them. They re tained Attorney Robert N. Fitzgerald of the firm of Abbott & Fitzgerald to presents their grievance. The , com plaint, which was filed with the city council this evening, is based entirely on the facts presented in The Call's article on the subject. It is the purpose of the petitioners to call to the attention of the city coun cil the arbitrary, regulations fixed by the ' Southern Pacific, which have the effect/ of preventing competition, and to request the council to force the Southern! Pacific to ameliorate the con ditions resulting from the switching agreement; \u25a0.-•-*\u25a0 The city council passed to print to ; night an : ordinance granting to the Western Pacific railway a franchise for a strip of land 1,000 feet wide north of and adjoining the north training wall. .; The executive council of the .harbor league offered a resolution that the city. council provide for an 80 foot roadway over the, strjp. but this was not considered, feasible.; WOMAN KILLED BY -, TRAIN IDENTIFIED IN THEf MORGUE Man Seen With Mrs. Mary Berry Just Before Her Death Can Not Be ' Found OAKLAND. :Oct.~ 7.— The .woman whose decapltated^body was found on the ; tracks of ; the Southern Pacific at First and • Grove r streets early Sunday morning has! been Identified as Mrs. Mary ;; Berry.% a water, front derelict. The/ identification was made; by Mrs. Annie Larsen,". who did not know where the'dead' woman ; lived. : • Efforts of the police to find the miss ing "man In .the: case have been un availing.; He was seen with Mrs. Berry; oh; a -pile at the place of ; her , death .-Engineer Wil liam^ M.' Ferris, who bordered her to leave fand threatened to cause her ar re6t;unless'she^did so. .He returned in .charge j,ofi his "train ;," 20^ minutes : later and;jfound. the body ' on the tracks. The man had disappeared. SPECIAL' IN^TRUN K» We sell more ' and : better- trunks ' than any- firm in \u25a0 Oakland. > Our; $7•7 • a " winner O»goeU»* Department Dr us Stores. • * MA.RIN SAN MATEO ENGINEER LOSES LIFE IN WRECK OF FREIGHT Southern Pacific Train De railed at Curve Near Santa Rosa CARS >piLED IN HEAP Man at Throttle Runs Too Fast When Unfamiliar With the Route ( Special byt Leased Wire to The Call SANTA ROSA, Oct. 7. — Southern .Pa- , clfic freight No. 29*. In charge of En gineer Stone and Conductor Riles, from : Sulsun. was wrecked eight mtles from '\u25a0 here at « o'clock In the evening. En- j gineer Stone was killed. Brakem3*V Mills' scalp was laid open, but the l'»v*^ jury Is not critical. The accident occurred on on« of th» ; many sharp curves and It is said to hay© been due to th© fact that Engineer 3ton<». ' who was unfamiliar with the branch, did. ' not slow down sufficiently. "When the • train hit the curve, the engine lettjlbe . rails and was followed by th* tender | and nine frelghtcars. all of which were piled in a confugad mass. The wreck blocked th« track, and th» | evening passenger train was held. Auto- . mobiles were sent out from the city at 7 o'clock to bring in the passengers. i TTTe accident occurred near Annadel I Siding and word was telephoned hero jby the conductor from a nearby resl- I I dence. CULPRITS MUST CONFESS BEFORE ASKING PROBATION ; I Superior Judge . M^lvin Will Require ' This as Evidence That They . Are Duly Penitent OAKLAND. Oct. 7. — Superior Judg* Melvln has declined to permit any one to take advantage of the probation law without first entering a plea of guilty. "No one may play heads and tails with probation in this court," said Judge Melvln, "and if defendants ara not penitent enough to say they are sorry they did wrong they will b» given no chance to be put on proba tion." _ The petition cf Joseph Smith. 1.(.9 ii Nagle and Herbert Logan, accused x>( the stealing of a $1,500 automobile, for probation, though they have not plead ed guilty, was the occasion of the Judge's 'remarks. The cases were con tinued. MISTAKES PILLS FOR CANDY AND IS A VERY SICK BOY Carl Riegelman, Brother of Talented y Singer, Is in a Serious Condition OAKLAND. Oct. 7.— Carl Riegelman. the S year old son of Mrs. Riegelman of 1154 Brush street, ate a box of medical pills on the closing night of the carnival In Idora park, under th« belief that they wer* candy, and h»3 been 111 since. He was taken to tho emergency hospital booth of the Fabi ola hospital and given treatment and then removed home. The boy is In a serious condition. It t Is a brother to> Mabel Rl-gelman. the Oakland singer, who is In Germany with Madam* Gad ski. the famous prtma donna, training for the grand opera stage. unt.it as a noon thief ' OAKLAND. Oct. 7. — In the hope that the room thief who has entered houses nightly may have been caught, tho police are holding for investigation a man found prowling In the apartments occupied by Mr. and Mrs. James Halne? In the Roaslyn house at Nineteenth street and Telegraph avenue. He arrested by Special Policeman Kes^- -. who l^vea In the place, and turned over td the police this morning. TO ni'II.D NEW CHURCH BERKELEY. Oct. 7.— A $20,000 church will be erected by- the Evange list Baptist congregation of this city at the corner of Ililtegass and Parker streets. Funds are being raised by the congregation under Rev. A. S. Coates. The lot which was formerly owned by the congregation at the corner of Dwight way and HiTlegass avenue has been sold. MISSING BOY IS FOUXD BERKELEY. Oct. 7.— Freddy Deacon, the 7 year old son of Mrs. F. Deacon of 6701 San Pablo avenue, has been found by the Oakland police and returned to his parents. The lad had a disagree ment with his mother about going out to play and left home. He was found In Idora park, where he had been since last Wednesday night. 10K isAOAOHE i_ . - . — j Positirely cvnd tn ' f^ACTrOO these Little Pills. AjMni Ll\O TiijalsorelUjToDla. *|HP lIT LE dlgestloa and Too Hearty Si S\iEl IB Eatog. A perfect rsm« I FiLLSa Dr c^ste33, Bad TbbU jH_*M In Hid Mouti. Co«t«4 fmlßßUml Tcs^ruo. Pain In ZhM «fle.' ; \u25a0 ' iTORPID irVKR. THey A regulate the Bowels. Purely Vegetable SMALL PILL SMALL DOSE, SHALL PRICE. InAßTtffci Senuina Must Bear •^s£i [refuse substitutes,] COFFEE- How much money docs moneybaek take? Depends on the coffee, tea, baking powder ex- ; tracts, spices, etc. Your grortr returns your _ money If you don't like S*chlllln;'s Best; we pay him. WM ONG JI!L E SHEW l^fefj TEA AND HEBB DOaOI Sacenior to jdHgtgftt DR. WONG WOO k- SEBP'^H SU«u«s Cur»4 SxolaiiT«ty '