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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, October 12, 1907, Image 3

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ELLWOOD COOPER LOSES
PLACE AS COMMISSIONER
Giilett Names J. W. Jeffrey
as the Horticultural
Chief of State
ISSUES A STATEMENT
Governor Tells Reason for
Giving the Position to
Los Angeles Man
Special fep Leased Wire to The Call
SACRAMENTO. Oct. 11.— There are
of regret expressed on all sides
here over the removal of State Horti
cultural Commissioner Ellwood Cooper,
who was displaced today and his posi
tion given to J. W. Jeffrey of Los An
srles. The governor mad* the an
nouncement of the change this morn-
Insr. Cooper's terra expired last July.
Cocp^r had held the office since ISBS
I . y uskieT his own private funds when
ths office was first instituted and
\u25a0which he continued to do up to the
tsme ex-Governor Budd made an un
succcfsTu! attempt to do away with the
•commission. It was then that the
jrreat work done by Cooper and his
associates was called to the attention
of the lepislature. which not only re
fused to remove the commissioner but
made his position remunerative.
Ciillett's action today put an end to
the fifrlit that had been waged for sev
«•!«.! months between the friends of
Cooper and certain southern California
; factions desirous of securing the posi
tion for Jeffrey. So heated did the bat
tle become that the supporters of both
fr.cn Ftarted to eet up petitions, one to
Isecp Cooper in office and the other by
tV Jeffrey men to have Cooper ousted
p.r.il their candidate installed- North
cm California men favored Cooper,
tvhile the southerners stood behind
Jeffrey.
When Giilett announced several
months ago that Jeffrey would succeed
Cooper a. number of local frultmen
Hea<3<-d by Russ D. Stephens organized
• and got behind Cooper. They were
tbnn assured by Giilett that action
v ovid heVjeJayed a month to give them
an opportunity to present their claims.
«>-<v^rnor Giilett is not in the city,
buJ sttit- the following statement from
his home in Eureka:
\u25a0 Mr. J. TV. Jeffrey -was 'appointed
V..VT.I- uHural commissioner to succeed
EUwood Cooper at the request of all
W Cr-f citrus fruit interests of south
- n California. Mr. Jeffrey has had a
•.•rcr and varied experience because of
his relations with the horticultural
commission of Los Angeles and. Is'
Uigrhly recommended by L. O. Howard
\u25a0-t Uic bureau of entomology at W'ash
irrpton. D. C. Those interested In the
citrus fruit business of the south par
;;:\u25a0•>]!«rly d<*slrf»d Ms appointment at
tiiis lime because of tne appearance of ,
Hir v!iite fiy Sn different parts of the
«;ai" tvhicJi they arc afraid may spread
:'.',} over the state and ruin the orange
.\u25a0;> i lemon orchards of the south, where
millions liav^ been invested/
NEGRO BELLBOY SENDS
BOMBS TO KILL WOMAN
LOS ANGELES, Oct. 11.— Through !
t!i^ iirrrft of a negro bellboy in this
. :• \u25a0 t»day it became known that three
fat tempt* upon the life of Miss Helen
MaUw^TEon. proprietress of the fash
ionablft Hr-rshey Arms hotel, had been
;.id.<l< by means of Infernal machines
during the last two years and that an
• ffort to poison an entire family and
h"av« the crime attributed to Miss
Matheweon was frustrated only
through accident. Further than this,
:'\u25a0><-\u25a0 police are endeavoring to connect
the prisoner Trith the burning: of the
.!?,.*•! Coronado. which Miss Mathewson
frcducted in this city, on the night of
i ember 4. 1905.
According: to the evidence' In posses
t!•>:\u25a0) of the detectives, which they claim
if complete. Burr Karris, the 19 year
n\4 colored la/J In custody, attempted
• > kill Miss Mathewson because she
i ?^ concluded that he had outgrown
I; r usefulness as a bellboy and because
nine of the guests had applied sn epi
thet to Mm. The police say that he
sent the first bomb to Miss Mathewson
<-.;, July 27. 1906, and that it was con
.filed in a book from which a portion
-if the loaves had been cut. It was ar
ranged so as to explode when the book
was opened. For some reason, how;
i -•. or. it failed to ignite.
A second infernal machine was sent
to M-iss Mathewson about three weeks
liter. This was wrapped in a copy
of the Denver Post, which, in accord
ance with her wishes, was examined at
t!i«; vostoffice. While opening it one of
ti:e postofficc employes heard the sound
of a sputtering fuse and dropped the
package Into a pall of water. A third
machine was sent in a book which was
opened at th« postonlce before reach
irifr her. Since that time detectives,
have worked on the case unceasingly,
but- without result until today.
Jn September. 1506. a box of choco
lates was sent to the .family of W. J.
Pierced proprietor of a neighboring ho
tel. It was marked "from a friend,"
"and bore Miss Mathewson's name on
the bottom. The box, when opened,
was found to contain some sort of a
powder sprinkled on the candy. "When
subjected to an analysis the powder
was found to be rough on rate in quan
tity sufficient to have destroyed an en
tire family. Harris was 3 years of age
when his mother and uncle entered the
employ of Mies Mathewson in Denver.
ffe' has been a bellboy in «everal es
tablishments conducted by her.
PIONEER NOTARY PUBLIC
IS STRICKEN SUDDENLY
FaJls Dead While on V/ay Home
From Lodge While Dressed in
Clothes of His Order
Dressed in the uniform of his order,
while on his way home from a meeting
-if his lodge last night John H. Ware,
.-; pioneer notary public of this city and
a prominent Mason, dropped dead, at
Wxteenth* and Valencia streets last
night, presumably from heart trouble.
Ware had been in business in this
city for more than 35 years, lie had
riffices In the Monadnock building and
lived at 2337 Howard street. He leaves
a family.
B.'tSSm' FAILS TO APPEAR
Jerome Basßity. saloon keeper, failed
tj appear in Judge Cabanies* court yes
terday to answer a charge of assault
to murder for having shot at Julius
Ka-umgarten. butcher," 1539 ; Devlsadero
street, on September 10. Judge Ca
lianiss issued . a 'bench: -warrant for, his
asvrest and fixed bail at $200 cash. , Bas
stty was arrested later and deposited
'W'l^e necessar>' baiL The case will come
* . ;> again on Tuesday.' -"
I»IL,ES CURED IX 6 TO 14 DAYS
Pazo Oiatment' 1« toar&nt'* >< l ; to -cure aßy
<\u25a0«»« of licblng, Blind, Bleeding .or : Protrodlns
riles io C t» II days or nwn?y refunded.' 5C«c.- •
DARGIE IS EVASIVE ON
THE WITNESS STAND
Compelled to Testify in
the First National
Libel Suit
KNOWS THE BRIBERS
Reluctant Admissions Con
cerning Slurs on Graft
Prosecution
After a 30 day struggle to bring
William E. Dargie legally into a posi
tion where • his conscience might be
searched. Attorney Charles Stetson
Wheeler finally caused the Oakland
Tribune's publisher to appear before a
court commissioner yesterday to testi
fy in the First national bank's libel
suit, and then into court to face the
contempt proceedings resulting from
his hurried trip east directly after re
ceiving a summons. Dargie evaded
punishment .for disobeying the -sub
poena under the protection of the 1907
amendment to tho civil code, whose
ambiguous phraseology and contra
dictory provisions received their first
interpretation at the hands of Judge
Ogden of Alameda county during the
hearing.
This followed a siege on the witness
stand andJn which Dargie gave testi
mony showing that he knew Louis
Glass, and E. J. Zlmmer. as well, as' "vT.
J. Dlngee, Sehmitz" bondsman and inti
mate, whom the • witness said was the
closest friend he had. But he refusedi
on the advice of counsel to answer
orher questions tending to demonstrate
that enmity for the graft prosecution
was at tbe bottom of his attack on the
bank, and relying on the success of
his reticence, the publisher's attorneys,
M. C. Chapman and George TV. Reed,
will enter a general and specific de
murrer today on the ground that the
San Francisco financial institution,
headed by Rudolph Spreckels, has no
cause to sue for $}00,000 damages. The
disposition of this plea will leave
nothing to Dargie but to make formal
answer. Then the case will be cleared
for trial, though the Alameda courts
are so congested that it probably will
be next May or June before a Jury can
have a chanoo to assess the Tribune
for its assault Upon the credit of the
bank. -
NERVOUS OX THE STAND
When he appeared at the offices of
Commissioner Croweir in Broadway.
Oakland, yesterday morning, Dargie
was nervous. Under the rapid fire -of
Wheeler's questions, probing deep Into
the Tribune's relations with San Fran
cisco's municipal debauchers. this grew
worse and affected his speech. He
stammered frequently.
\u25a0 Darg^etold Wheeler that he owned a;
majorltl^£©f the Tribune company's
4,000 shares of stock, and he at first
offered freely any Information he had.
But later, he refused to say whether
any oj these were .in other names, and
\u25a0when the bank's attorney asked him to
Identify certain articles showing the
Tribune's sudden change from foe .to
friend of the grafters the paper's
owner also declined replies on the in
struction of. Chapman.
He made admissions, however, that
were important to the case when he
paid that he met Calhoun and engaged
Louis S. Whitcomb, political editor of
the San Francisco Chronicle, last Au
gust. The article -written, by Whit
comb charging Spreckels with loading
the bank with virtually worthless
Spring Valley securities appeared in
the samft month!
DARGIE 3IEETS C.VLHOtTN
"Do you know Patrick Calhoun?"
asked Wheeler.
"I have met him." replied Dargie.
"When did you meet him T'£ '/-
Dargie was uncertain then, but at
the afternoon session he had refreshed
his memory and, said that Joseph Ba
ker, the Tribune's chief editorial
writer, introduced him to the Unlte'd
Railroads' chief in the offices of Jere
Burke, the Southern Pacific attorney,
in the Flood building-.
"When was that?" continued Wheeler.
"In August;" -was the answer.
Wheeler then asked Dargie if he
knew Louis S. Whitcomb of the Chroni
cle. . ,~
"I do," replied the publisher.'
"'ls he a member of your writers'
staff?"
"He lii."
"And what is his position?"
"He is a star writer, I should say.**
"When was he engaged?" the bank's!
attorney asked. ;V" > \u25a0,;
"Last August."
The article on which the bank bases
Its suit for $100,000 damages appeared
I in the Tribune August 24.
Wheeler followed these questions
•with queries to ascertain Dargie's re
lations with the Indicted officials of
the public service corporations. The
witness had known Ford when in the
state senate years ago. He also knew
Halsey and , all the rest. With some
of these, he said, he had had business
dealings relating, to advertising.
But when Wheeler asked him point
edly If he had ever received money or
other consideration for antlprosecution
articles Dargie indignantly and em
phatically replied: "No, not a dollar
directly or indirectly from Dingee or
anybody else."
Changing again the direction of his
quest Wheeler asked the publisher to
identify certain articles and editorials
relating to the progress of the -graft
prosecutions on this side of the bay. '\u25a0
! Chapman at once became profuse with
objections and instructions to .the wit- ;
ness not to answer. To some of • the
questions Dargie expressed a willing- i
ness to . reply and Chapman retorted:
"Obey my instructions or discharge me."
Dargie decided to remain silent. ...
"I wouldn't act as my own attorney
In such a crowd as this," he said.
PROPOSES TO SHOW MALICE :.
Chapman then wanted to know what
bearing the articles published prior to
August 24 would have on the bank's
case and Wheeler'replied::
"We, propose to show that the de
fendant, in wanton disregard of /the
civil rights of the 'plaintiff and because
of its malice toward -Mr. Spreckels,
knowingly published • articles designed
to hurt him.
"We also intend to show to the jury,
and let It infer. from the- facta i present
ed, that for reasons of; its own i the
Tribune, first a supporter of < the 'graft
prosecution,, suddenly' switched. Wand
that ! this : switch' was brought 'about' by
means which we will leave to •' the, Jury
also to. infer." .
Then the attorney, read articles print
ed early in April attacking Calhoun and
the bribers, and others published a' few
days later, in which the Tribune ; showed
a sudden ' change ; of heart and ' appeared
as the ardent defender, of the magnates,
even going /so /' far: »s J- to"? editorially
praise itself . for! being the \u25a0 first i to ' get
a ; statement ; from v Calhoun^calllng \u25a0 the
graff prosecution a/ Spreckels : plot. - '
' escapes; contempt; charge ; \u25a0';
• This practically.* ended Dargle's depo
sition..?- It was late In : the afternoon, but
plaintiff s; and; defendant /went sat i: once
to} the courthouse. /.where /Judge " Ogden
was ': waiting! to/ hear; the {contempt * pro
ceedings. i Chapman immediately, plead
ed the new/ amendment to the civil : code/
He; argued /that* though/ Dargie disap—
peared \u25a0 directly ' after, bein g ; served Iwi tb?
a f *subpcna, '" he had a .right/ to ; leave if
MeLsan fi^cisco^ ci^^
Character sketches '•- of William r£. Dargie and his '.attorneys during his (examination in • Oafc/an<f jjesfcr-
Jap fee/ore Commissioner. Crowell in 'the libel suit of the First national ibank ; against Hhe Oakland ' Tribune.
Sketched by -Cartoonist [Ever of The Call's art staff. -\u25a0_,/—. v '
GIRL HANGS HERSELF
IN ATTIC AT HOME
Emily. Jaunet Quarrels V/ith
Sweetheart and Ends
Own Life
The lifeless body of Emily Jaunet. a
22. year old girl, was found in the attic
of her home at 2315 Fifteenth street by
her 8 year old niece last night. > The
girl had committed suicide by hanging
herself from the .rafters. :: Despondency,
following j a-\u25a0 trivial quarrel • with -.her
lover Is thought to have caused the
deed. .' i.
The girl had .been employed in the
alteration department :of .a. clothing
firm. She remained, at home' yesterday,"
saying she was ill. . :The/rest' of : the
family left her there 'at'- noon, and "when
they returned about 5 o'clock the grew
some discovery was made by. the little
niece... / , \u25a0 ~.
The girl. had. placed, a-rop^ over, a
rafter, tied . the /end about her neck
while standing on a chair.' and -bad ..then
kicked the chair from: under -her.
rope, had given .way .when, her, weight
was thrown on It," but her' neck had
been broken .by, the jerk. ; - , \u25a0
OAKLAND SKATER WINS
• THE FIVE MILE RACI
Bignami Outleads, Davidson and
Floyd Holland : in an' Exciting
Struggle at 'the. Coliseum
• The final heat- of .' the five mile-skat
ing' race" at the 1 . Coliseum -rink last
night was won by ; Frank Bignarnl -of
Oakland in, 16:36..' Harley; Davidson was
second. and ) Floyd Holland? third. -The
pace, was slow until .the; last; half mile
when" the skaters put on full steam
and made a sensational finish. Davidson
was second by less than two feet. There 1
was a large, attendance,-, many, of Blg
faml's admirers coming; from-; Oakland.
When. he won they rushed on the track
and carried him about on stheir
shoulders. \u25a0 -.-- \u25a0..'\u25a0_ . ' : '' \u25a0\u25a0\u25a0:\u25a0\u25a0..-\u25a0 ... '\u25a0'/ \u0084• ". :
• See 'the ~ Coleman tract, on =Sunday.
Conveyances will meet" trains .leaving
clty9 a. m. and 10:30 a. m. at Menlo
Park depot.. • " . \u25a0-,"/•. • '
CIVII.. SERVICE EXAMINATIONS
J The United States civil . service com
mission'/ announces | that, the | following
examinations will be^held in San
cisco: \u25a0 For assistant \u25a0. technical editor
of the geologicar survey;. clerk, depart-;
ment of state ;|iristructlng; engineer • iri
forest 7 service ; \ blacksmith : and f.wheel
wright;!; clerk "for H serviced arid ,
pressman. blanks ,and,in
formation, regarding, Jthe examination
will be furnished applicants at" the : posti,
ofilce, ; room'24l. . ; ; : '
he wanted ;• to,, and {the » court "under: : thV
new provision, had no' rightf to;puhish
him. Zi- .' ; ;-. V, " >\u0084 *. - - *--' 'i'v'-i
,; /The ' amendment; proviaes, : under '.the
Interpretation ;f rendered 'A by the . Ala
meda % court ' yesterday,".: that \ a \ witness
ordered (before alcommissioner,|may,de
cllneUo'; appear* and" yet^noti be -in; con
tempt iuntir; he 5 has jbeen, servedi.with- a
eecond "court^order.l . ; ."; \\ '- ; J_']£-'''. :'':'. . w v^
- ; "Wheeler X argued % that '\ Da r gle :. mlgh t
have grone •\u25a0 to i Europe •* and :\u25a0> remained
three years without fear of punishment,
and y pointed 'out | the \ difficulty^ of plain
tlffs \\ ln i procuring' % testimony, U butT.the
court^ ruled"-- against vhlmi'.s and " Dargie
was \u25a0 released, from'thelcharge.,- "^ : *
Important - Railroad Changes
: On -Octobe^ 15 ? new: agency, station,
Leelandr- Nev., ; 144 i miles from 2 Ludlow,
Cal.r.* on " Tonopah . and iTidewatertrail
road, '.xwiil -': ber openedv.i for rr handling
freight and passenger. traffic. y.This new
station r is - the nearest railroad station
(3% miles) to the Lee-Echo mining dis
trict,?: and -Lee,- Cair:i,Throu«ht, tickets
can •\u25a0;\u25a0: be \u25a0 at '< any.i Santa -Pc
route tlck«t^ office.*- .;•\u25a0•:-, : ': : .. \u25a0-*-&: *jf,~r *-\u25a0>>;
.- Route freight r via^ A; 4.T. ': & > S. * F.* Hy.
care* Tonopah?; and iTidewaterrf railroad
at Ludlow, i Cal.^iThrough^ passenger
and ; frelghtiratesiquotedfonj application
to! SantalFeiroute * representative., •>• \u25a0
Jfli BRYSOrS BODY
TAKEN BY FAMILY
Continued \u25a0 From \u25a0 Pagre - 1. - Column 5
for. the public that there '.was no trouble
in eecurln g the/ body? a rid r Bresee ) Bros,
fjay they./gladlyj gave .it ; up/ when : they,
were /apked to Jdo so, ;.but those , who.
prepared the Injunction papers assert
to' the contrary. ;/"; . \u25a0 -..C. .'/.::////
. John :Bry?on .was born .Tune 20, 1813,
in,', Mount Joy, Lancaster. county .''Penn-'
sylvanla: His parents, were in- humble
circumstances and' he .was ; one? of! 18
children. ;. - At, the agei'of 10 he, was;ap
prenticed..to a cabinet maker' and v for
the next } 20 years was /en gaged: in that
business.; r - . ''.
In 1843 he was mailed in/Lancaster
county, Perm.. to Miss Eraeline Senti
mari.:; In; 1847 he went to Euphemla,
Ohio, and . engaged, in the cabinet I mak
ing business.-; "He removed "from .-there
to Muscatine, ; lowa,; in "1856. .Then: he
looated^in Washington /county, of ,: that
state, and "became very successful 'ln
the; lumber /business -and .the owner- of
many \u25a0 "lumber ., yards - throughout the
middle west. He. also built a large
hoteK' : • v *-:-x./- :^.i'-. •;;\u25a0-.:••\u25a0: '\u25a0\u25a0'--- '- v :\u25a0
-. After many; years .of .success, during
,which he built up -atsplendid- reputa
tion for' honesty,' energy, progressive^
ness; and spirit,- he amassed j a
comfortable^ fortune.". -.^ ~.;:/':
;He canie Ito Los* Angeles 30: years
ago. - : ' r \u25a0 '-:\u25a0-\u25a0\u25a0':;_\u25a0 -/ .' \- : : : -
Probably the greatest >of .1 Bryson's
many was the building of -the
structure \u25a0; now y known" as the ; Bryson
building; at - Second and Spring streets.'
This ,'t was :'-. constructed --Mn-'.' partnership
with; George ; H.- Bonebrake in 1888-89
at* a; cost * of ' $220,000. It contained 5 %
stories;> with a ; frontage ,of v 120 ' ; feet
in Springji street and 103 feet in ;Sec
ond. At the time [of l ! its > erection it
was considered , th« \u25a0 best building -in
Los \u25a0"Angeles.V. A : year or two : ago \u25a0 this
building, was; remodeled. 1 -It now con
tains seven\ stories ; and Is ' valued at
about 's6oo,ooo. '* ' V
MAYOR OF LOS AXGELES
In ; December, 1888," Bryson was
elected ; mayor ' of this city and * served
a; ; short term., . ' '". N . ' ',
v About ! 12 ; of. 14 years ago his name
became;- involved Iwith- that; of ..Mrs. 1
Lambertonr. who) claimed *to\be* merely
his nurse, and this ;caused a" separation
but; not; a"; divorce"" from v Mrs..,: Bryson,
who'ihag borne s him" nine, children. i*As
with ; many> another^selfmade^man.^his
wife really -was ; ; his /constant /incentive
to i whatever V he .accomplished.'," So '!: say
her/sons."* ;..;.''.' \u25a0\u25a0"\u25a0".\u25a0\u25a0 '\u25a0".'\u25a0 ' '\u25a0 -.'\u25a0\u25a0\u25a0/,\u25a0/"/.'.--'
f As X ah :-. instance . '; of his V indomitable
energy, andl will; it* is .^related % that at
one* time -he"/ possessed / the' courage/ to"
go I; into business -'with'; a capital of " only
$l;500,Nof i which '\u25a0 h»j lost^s7o0 •- the 'first
year, ','} but '^ still* he? '"continued 'hla*, work
and /conquered -adversity.- v t^/.'-;
"S" r Be sid es his \wi fe, <. Mrs.; Erteline 1 Bry A'
son, *he -leaves , ; ; three /i sons j and >\< one
daughter. b/They. are Isaac ; H.,: James ~P;
and Mohn/M.y: all = of - whom^are i in j bus!-,
ness ; Jn "Los ; Angeles,' and • Mrt. -; Margaret
Jan e"; Krause,Twho ! also makeß her home
lhlthis/clty.'-/-- \u25a0/ \u25a0:"/ ;i -: ;^"// : /-..--/':- : /-- '-":: -f-:
;;.}Bryson*s * estate / Is * not .•• so : large -> by
ha If \u25a0 as ," generally,/ supposed, amounting
to '- only : $850.000. '"> "It ":\ \sl charged -by
"members ? of;; his 4 . family/, that ihe \ squan
dered' $350,000 on Mrs. Lamberton and
that .-she has: the /property 5 to> show
for'tt.' ' • ' v •*'.''«•• :>-\u25a0\u25a0; : :
v is /, believed! there 1 wiir.be"nb;legal ']
entanglements"oyeri the -estate,'? as '• it |Js !
safeguarded ' by t af family, /corpo ration. 1
.When, 5 ; that <~wast entered/ Into) allj ; wills
were * declared nul 1 ; and . void by ; Bryson:" :
Legal Contest May. Precede
' Settienieiit.of the Estate
Bry son Affairs f Are i In volred • bjr
Series of Lawsuits
-vv Local f developments l in sth«Taffairs of
the; late*^John"- Bryaoh.l th e_ aged iLos FAn
geleaf^apltalist. i glnd^cateV.that|hisJ i yast
estate ynayii not /be J sett Ijßd^i without t\
long; legal; contest. .UuriJigfthVtlast? 19
MAY APPEAL TODAY ON
SCHMITZ' CONVICTION
Plea Alleges Many Errors
in Trial Held Before
* Judge Dunne
The conviction of former Mayor Eu
gen^ E.'SchmttJS^^ for extortion will
probably; be (brought -legally before: the
court of .appeal : today,, as notice i of , the
filing: of; an, appeal, in , his behalf was
served : yesterday , by his • attorneys. It
was "expected "that; thei-appeal, would
be j filed; yesterday, -but- the documents
were not forthcoming: arid are now ex
pected today, or "early, next week. ' "')
While 'Sehmitz' appeal -covers all
constitutional points set .forth as "a
basis for, such ; action - and ts all-lnclu
siye;;in Its,- allegations, " emphasis .is
placed on • the • parti cular - allegations of
error which It is claimfnl .were commit
ted v during the trial] before « Judge
Dunne/^ Judge - Dunne's "rulings on ; all
preliminary motions > and ; on i the -admis
sion^ of i evidence \ diiring the \ trial are
assigned: as -error,' Asfare'-alßO^his" in^
structlonstothe Jury.
Luther Brown and Porter Ashe ,
Appear at the Bar of Justice
Wilson and Cof fey A tso Visit Court
to Be Arraigned
: /Attempting (to^, hide ihis . nervousness
by;.; a-: sneering^, smile,* ; Luther Brown,
head of Patrick Calhoun's detective bu^
reau.Vcappeared .},before'^ Judge i Dunne
yesterday \u25a0£ for f; arraignment on - the
charge % of •*, kidnaping \u25a0 Fremont % Older,
on '.whicli"; he 'was Indicted* recently; by
the grand ; jury. By ".his side stood
Porter" Ashe.-; indicted yon .' the same
charge.;but there ;'was ; not : the slightest 1
indication'^ of a 'smile ; on -his face.'> An
drew. M. VWilsori arid MichaelvW. • Coffeyi
two of i the :boodllng,*supervisorSi who
were Indicted Ton "charges -of \ accepting
bribes, ; were also } present^ for arraign
years ; of ; Bry son's ; life ?he ,,was Involved
in many; lawsuits -out fof ;whichTj grew, a
compromise '% between if himself /and £ his
wjfe," from ,whom '<\u25a0. he ': had : separated but
had ; notTbeen-;;dlvorced,V E by. iwhich ; all
their r property.'J wlthr-some- 'exceptions,'
should 'be i welded «into>a single estate
and iwllledUo the' heirs of sthe .-couple.-. 7
;^ This 'infladej/a*; will .which
Brysons had fexecuted;in? 1899 I void. ;T It
was /yesterday ; that fa *seef
ondikwlll, ;\u25a0£ made l;after.>;ttieV agreement
had ,been : entered ) into. Is ; in » the' hands
of;Attorney4Charles i F.!Hanloh»of.this
city, v; Hanlon j; refused sto s divulge I the
contents :: of :\: \ this * second I will • and : ; said
that ' It .would ; not be I made ; public until
filed i f br?< probate '}. ln ; Los Angeles, .-._ for
which*; placet/ he -will i leave : as soon as
Brysonl-has.been-ibtirlad. ,~ :
43? It T !s" known '.that .the" second dis
poses, of $36,000 worth of property not
Included In Ithe ;• Bryson:. estate." Should
Mrs. -; . ' Lambertson, Bryson's '- \u25a0<]._ house
keeper, : : be'" thevchief ;>i legatee/.'? a? suit
will ril undoubtedly^ result, >;;.witlr4 the
rightful heirs as .the"; cohtestants/;,:The
property* involved } ,la I $20,000 in * South- !
crn 1 Pacific" bonds and \ a house ' situated
at i Shatto l and -s Union 1 8treets,%valued ; at
$15,OOOjf|Thlaipropert3r|wa»;left:outfof
the consolidated estates*;' last { May.
i :,Thel f ormationTof , the i estate "£wa» fthe
conclusion V * of ;i>fi a ; - sensational suit
brought v against cßryson Hot have •. him
declared Incompetent"^; Before" j making
the; agreement he settled 'on, Mrs. Lam
bertson $50,000 ] 1n bonds. His t legal en
tanglements during the . 10 ? years ?• pre
ceding his death; included a- suit for di
vorce, -\u25a0, a «uit 'i f o'r| alienating/ f rom ; hen
husband the r affections i of :. Mr«.*gLam
bertspn,^a^sult|for|conspiracy4 against
Mrsli LambertsonPand^Bryson's - attor
neys,: and a final | sult^to^ have % Bryson
declared SS| Incompetent. &" In J '^the^auit
brought by Mrs. Lambertson's husband,
asi well as the one brought against her
and |hls iattorneys^Brysoniwasi victor-;
ious/^SThelo thar« 'ware settled ' by f com -
AERONAUTS FEAR FALL
INTO GREAT LAKES
French Contestants Will
- ;. Complete :/List of " t
Competitors
BALLOONS ARE RE AD V
Will Race From St. Louis
% With Gordon Bennett
Cup as Prize
NEW; YORK, 'Oct. 11.— All of. tha
European aeronauts who] are to com
pete In' the James Gordon 3ennett cup
race, v to . start from St. Louis October 21
are In this country excepting "the two
French : contestants.? wlio "will arrive .on
the Lorraine. tomorrow morning.' Grif
fith * Brewer and , Lieutenant Claude
Brabazon, representing the Aero club of
Great Britain, I*cameTlnjonlth©1 * came Tlnjonlth© Lusitanlal
today. Together^ with" Alan R. ; Hawley
and J.C.' McCoy, two of the cup defend- :
ers, 4 the Englishmen ; will start for St.
Louis : tomorrow afternoon, all. of the
balloons .now : being; on the ground.
/The ' German representatives left New;
York yesterday. \u0084> .
Fear of dropping into the great lakes
is the chief concern of the aerial racers,
and tonight. officers of the Aero club of
America requested that all newspapers
throughout the lake-region print a-gen
eral notice to mariners to be on the \u25a0
lookout,' for "thai balloons -for 24 hours
after the>tart, of the race at half past
3 on; the afternoon of October 21. Mar
iners are" requested .to keep a sharp
watch, especially at night.
The prevailing wind at SL Louis at i
this time of the year Is from the south- !
west. .That- it will carry the balloons
toward Lake Michigan and Lake Supe
rior is especially feared. Should a bal
loon sail .over , : one of these bodies of
water with' sand ballast exhausted and
without wind enough to carry it to the
other eide the -aeronaut would be al
most certain ,of drowning unless res
cued .by "some craft.
One of the reasons for selecting this
season is that the lakes just now
swarm with commerce. This, together
with .the full moon, 'renders the water
less perilous. It is not likely that any
of vthe. balloons', will -remain in the air
longer.than 40 hours, and it is expected.
If favored with a good wind, thatthey
will all' be down within 24 hours.
CHURCH TO SAFEGUARD
ITS MATRIMONIAL RITE
RICHMOND. Va.. Oct. 11.—Greatir
activity in restricting the', marriages
of/divorcees, the adoption of the much
mooted phrase. "this American church"
in; a preamble to the constitution and
the question* of providing suffragan,
or. assistant-,.bishops, as against mis
sionary bishops, were among the meas
ures urged .in today's proceedings of
the. convention of the
Protestant Episcopal'church of Amer
ica. v Both houses were in 'session and
a number of auxiliary organizations
held meetings.
The leglslational- preamble was pre
sented by the house of deputies after a
vigorous controversy among the clergy
and.lay-delegates, some taking 'the
position".that the 'phrase, Wthls >(Amer
ican '.-church/*-\u25a0doesi not involve chfnge
of name,! and' their opponents claiming
tothe.cdntrary.; "! ; "• ~
; In thehouse of deputies the report
of the. committee' on marriage and
divorce was read. It being.almost the
sairie as that presented by. the house of
bishops several days ago. in which the
activity, of all, Christian bodies in re
stricting the marriage of divorced
couples is indorsed. - -
:->it urges .the ; utmost vigilance and
discipline in the.church In securing the
most perfect;safeguards for the sanc
tity jof-the marriage vows.
It especially, sets forth, that divorced
persons :are at all times anxious to
have their, past-records made clear in
seeking, the, sanction of r th« church. '
v * The v resolution to accept the report
and In "the action of the bishops
was laid.'on the table .until the "receipt
of ."a 'message \u25a0 from the. house of
bishops."
ment, but; they did not evine»-any de
sire --; to I -take |j prominent - parts in the
proceedings, preferring to retire to the
rear ;,benchesr where . they could not be
noticed, f" ; - /
.-\u25a0 r As the : defendants had- not been pro
vided-.with copies of the indictments.
Assistant District -Attorney- "William
Hoff Cook - asked that 'the' ar
raignment; I be-: postponed • for a
week, and Judge- Dunne complied with
the i request.'. V'Ashe and Brown were
represented ; by Attorney T. M. O'Con
nor/-^"llson: by 'Attorney Franklin P.
Bull , and CofEey ; by Attorneys Devoto
and Richardson.- -
; A Brown, ; appeared Presiding
Judge Cbflfey eirller in. the day and put
up\; a'f ball T ; bond for $10,000 in connec
tion his r indictment for suborna
tion > of - perjury. ; He . was accompanied
by AttqrneylT. M. O'Connor. The case
will -be assigned ; to the court i of Judge
D,unne.">by.;whom Brown '.Is: also to be
tried 'on the charge of kidnaping Fre
mont Older. ; /
GRAFT^ CASES CONTINUED
Lawlor ' yesterday, had the gas
rates rbribery \u25a0 cases before-him. ' F. G.
Drum.:. Eugene de Sabla and : John Mar
tin. %\ represented vby • John •; J. . Barrett ;
Eugene 'E.^ Schmltz,' -.represented "
Frank /C.; Drew, * and .Abraham Ruef,
represented by "Richard O'Connor, '. are
charged \on -1 4 -counts ',with * bribery. On
motion \of : the t attorneys > for the de
fendants - the . cases were for
two -weeks t to v ,be; set 'for trial.
SICK HEADACHE
r' ... .' / 44 — •% Positlveir cured b% s
If^ADTCDO these Little PUI&.
U#Ml\l LI\O They also' relleva D!».
(\u25a0HBiMMiat* ' ifutii Ojspeyslju In»_
jI^HIITTLE digestion and Too Heartj
(\u25a0 11/ITD Batla* A pwrtßcfi wm-
\Wa \u25a0 f t£» edTterDu3teeßa.Nau»a.
1 PILLS. Dwto^s. Bad Ttate
U 1 \u25a0ta . the . Kootk. Gbcted
Ifl I Ttxngue.Pala lntheaiae.
»^^^^^^ \u25a0 ITORFID LIVKR. Thay
regulate the Bowels. Purely Vegetable.
SMALLHLL SHALL DOSE, SMALL PRICE,
|pinrcp'«j fisnuine Must Baar
wjjg™* Fif-Simile Signaturt
iggJLJBEfIW SUBSTITUTES,:
inriiif
Prevents COUT ? anil g INOIQKSTION £
| ; Ask your Physician' .
EMPEROR OF AUSTRIA
IS AT DEATH'S DOOR
Aged Monarch Is Watched
With Deep Anxiety; \u0084
by Physicians ' ;!:.
i LUNGS ARE AFFECTED
Crisis in Illness of Franz
Josef Is Expected
- This Morning jv§
VIENNA. Oct. 11 (Midnight)— This
night is a critical one for Franz Josef,
the aged- emperor king of Austria-
Hungary. His majesty's physicians
are visibly becoming more anxious. Th«
fever which lasted lO^days seems to
have exhausted tha wonderfully trained
system of the monarch and symptom*
of inflammation of the lungs are
growing.
Five times today his irlajesty re
mained for a half hour la &\ state .of
almost complete apathy. whll» at other
times he was in a state of somnolency.
Depression has taken hold of his majes
ty's courage and he is watched with th»
Kieatest anxiety.
His majesty's atteadents ars two aged
and reliable valets, who have served
him for many years.
... The doctors are doing everything la
their power to prevent more serious
complications. They say that every
thing depend 3 upon how h« passes th»
night. If he Is able to rise as usual
tomorrow morning It will be a hopeful
si^n. but otherwise the outlook will
be dubious.
LOAN BROKERS PLAN TO
FIGHT COURT DECISION
Judge Grills Employes Who Assign
Warrants to the Shavers
of Salaries
STOCKTON*. Oct. 11.— Local brokers
who have been reaping? a harvest by
shaving salary warrants of city and
county employes have formed a com-,,
bination to contest th^ decision of
Judge ..W.B. Nutter of^the- superior
court, which In effect makes the pur
; chasing of these claims unlawful.
The move of the money lenders cam*
about by a decision on a suit brought
to collect the salary of a police clerk
owing: a grocery bill, who had as
signed his warrant to a broker and se
cured the money. Judge Nutt?r
found for the grocer and in his de
cision grilled the employes for assign
ing their claim?.'
S' PR., PIERCES REMEDIES
The Knock-ont Blott,
The blow which knocked out Corbett
was a revelation, to the prize fighters.
From the earliest days of the ring the
knock-out blow was aimed for the jaw,
the temple or the jugnlar vein. Stomach
pnnches were thrown in to worry and
weary the fighter, but if a scientific man
had told one of the old fighters that the
most vulnerable spot was the region of
the stomach, he'd have laughed at him
for an ignoramus. Dr. Pierce is bringing
home to the public a parallel fact; that
thq SBomacXJs the most vulnerable organ
out of\he pr\« ring ast well a3 In It. We
protectbur^jciSs, throats, feet and lung?,
but theSWhifiohNwre ara utterly indiffer-
ent to, until dlsea^Kfinds tha solar plexus
and knocks us out. Make your stomach
sound and, strong byVihe use of _f>?gtg>
gierce's Gpldgn, Ejedical J))scovervraod*
Ton protect vourse lt in vonr mn^TnTnet?
ahfe spot. "Golden M^i^al lSjc^.,^s
cures "weak stomach," Indigestion, or
dyspepsia, torpid liver, bad, thin and im-
.pure blood and other diseases of the or-
gans of digestion and nutrition.
The "Golden Medical Discovery " has a
specific curative effect upon all mucous
surfaces and hence cures catarrh, no
matter where located or what stage It
may have reached. In Nasal Catarrh it
is well to cleanse the passages with Dr.
Sage's Catarrh Remedy fluid while using
the "Discovery \u25a0 as a constitutional rem-
edy. Why the "Golden Medical Discov-
ery" cures catarrhal diseases, as of the
stomach, bowels, bladder and other pelvic
organs will be plain to you If you w!D
read a booklet of extracts from the writ-
ings of eminent medical authorities, en-
dorsing - Its : ingredients and explaining-
their curative properties. It is mailed
free on request. Address Dr. E.V. Pierce.
Buffalo, N. Y. This booklet gives all the
Ingredients into Dr. Pierces
medicines from which it will be seen that
they contain not a drop of alcohol, pure,
triple-refined glycerine being used instead.
Dr.^ Pierces great thousand-page Illus-
trated 'Common . Sense Medical Adviser
will be sent free, paper-bound, for 21 one-
cent stamps, or cloth-bound for 31 stamps.
Address Dr. Pierce as above.
COFFEE
Beginning Tvith good,
Schilling's Best goes on
to the finest; all money-
back.
Your grocer return* jour money • II joa don't
lite It: we par him.
TO RENT
Store- at 413 Montgomery Street,
(formerly occupied by Halsey & Co.,
bankers.) : > Apply Par rot t Estate, 502
California Street. ,
THE CALL'S
BRANCH OFFICES
\ Subscriptions and Advertise-
ments -will be received in San
; Francisco at \ following offices :
. 1651 FIH.MOHE STREET
[Open ; until "lo '.o'clock every night.
• 818 VAX NESS AVEXUE ,'\
Parent's Stationery Store.
2200 FILLMOKB STBEET
Woodward's Branch.
-. 553 HAIGHT STREET
Christian's Branch.
SIXTEENTH A>D MARKET STS.
Jackson's Branch. ,
974 VALENCIA STREET
Halliday's Stationery Store.
1108 VALENCIA STREET
Blake's Bazaar.
SOU ICTH ST. COX. MISSIOX
International Stationery Store.
5713 ; MISSION ; STREET
:'. The'-Newserie. |
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