The San Francisco call. [volume], January 15, 1908, Page 14, Image 14

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

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14
Receiver Will Wind Up Bank's Affairs
LE BRETON NAMED
RECEIVER OF BANK
Choice of Judge Coffey Is Ap=
proved by Stock Holders
and Depositors
Million Dollar > Bond Arranged
He Will Select Advisory
Committee
Judge Coffey appointed E. J. Le Bre
ton yesterday as receiver for the Cali
fornia safe deposit and trust company.
Le Breton, former president of the
French savings bank, is well known
throughout the state as a financier and
philanthropist and his appointment has
given general satisfaction alike to de
positors and stock • holders. By the
terms of the appointment the receiver
\u25a0will be compelled to furnish a bond
in the sum of $1,000,000. It will require
at least two days to complete the
necessary arrangements and Le Breton
therefore will not assume his duties
before Friday. He announced last
night that he would at once form a
committee to be composed of five or
seven depositors in whose • judgment
and ability he has confidence and a
like number of stock holders similarly
selected, who shall act in an advisory
<apacity in all matters pertaining to
the bank.
No definite arrangement has yet
been made in regard t,o the compensa
tion to be paid the receiver. This is a
matter for Judge Coffey to determine.
It is understood that both the deposit
ors and the stock holders favor a per
centage plan.
'"I am acquainted with the affairs of
the bank only thrpugh the columns of
the papers." said Le Breton last night.
*'I have not yet had an opportunity
for personal investigation. .It will be
two or three days before I will be able
to take up the work, as I must first
arrange for a $1,000,000 bond. That is
a large amount and it will require
time. Such a bond is called for be
rausp of the large amount of money
which the receiver will handle.
*"It is my purpose as soon as I can
to have the share holders and deposit
ors form a committee of five or seven
«>ach to confer with me on matters
pertaining to the administration of the
bank's affairs. I shail in this way
benefit by their advice and they will
be kept in close touch with the bank.
I desire that the two interests shall co
operate with me. and to that end have
decided upon this plan."
Le Breton has had previous experi
ence in similar undertakings and it
was his success in similar ventures
v.hich prompted Judge Coffey to make
the appointment. Before doing so the
judge requested that the depositors
and stock holders reach some agree
ment and Le Breton was their choice.
The powers of the receiver will be
extensive. With the single limitation
of the acquiescence of the court he has
the authority to liquidate the affairs
of the institution in such manner as in
his Judgment seems best. Speed is
naturally one of the essentials In such
liquidation. It has often happened
that delays have destroyed the useful
ness of receiverships. Le Breton said
last night that he 'was unprepared as
yet to make any estimates as to the
amount that could be recovered from
the wreck, as he was not in possession
cf the necessary facts.
The following extract from the
court order Indicates the wide scope
given the receiver: *
It 1* further ordered, adjudged and decreed
that Mid receiver shall bare full power to do all
thlncs necessary In the liquidation of the affairs
*>f paid defendant corporation, including the
right and power to bring and maintain all suits
or other proceedings necessary in the liquidation
of the affairs or said defendant corporation,
and likewise full power to defend all actions
brought against the eald defendant California
**fe deposit and trust company, a corporation,
or said receiver.
And it is further ordered, adjudged and de
creed that upon the qualification of said Ed
ward 3. Le Breton as receiver, as herein pro-
Tided, that the said Herman SUver. O. H.
Garoutte. J. C. Lynch and H. E. Sherer. as
•Ad constituting the paid bank commissioners
of the etate of (Vlifornin. surrender all money,
property, effect* and assets of said defendant
corporation which have come Into their posses
don. and which have not been expended or
disposed of according to law to said receiver,
appointed as aforesaid.
TO START INQUIRY
Santa Cruz Court Prepares to
Probe Bank's Affairs
SANTA CRUZ, Jan. 14.— When the
grand jury convenes tomorrow an in
quiry will be instituted In the matter
of the missing securities in the estate
of Ellen M. Colton. Subpenas have
been served upon Mrs. Caroline Colton
Dahlgren, her daughter Miss Katherine
Martin, John B. Dahlgren, the clerks
and book keepers of the California safe
deposit, and trust company, and on at
torneys in the case, requiring their
presence. It is expected that two days
\u25a0will be occupied with this case. The
securities of the Colton estate were
held under an order of the superior
court of this county, and It is claimed
that any violation of the terms of
those orders constitutes an .offense
•which comes within the Jurisdiction of
this court.
The books of the trust company have
been commandeered and will be in
spected by the grand jury. Tomorrow
Is set for W. J. Bartnett's appearance
before Judge Smith to make an ac
counting in the estate during his terra
as special administrator, when the se
curities and holdings were made away
•with. Barclay Henley ' figures that
about 60 per cent of the Colton for
tune may be recovered, . as the estate
and % other trust funds are said to be a
first lien on the real property of the
wrecked bank, valued at $900,000.
SAYS CALHOUN SLEUTH
GAVE HIM $150 BRIBE
Witness in Case of Ready Tells
. How He Was Inveigled
Into Deal
John Hewitt, stableman, swore to a
warrant before Police Judge Shortall
yesterday for the arrest of John Helms,
a Calhoun private detective, on a charge
or bribing, a witness. Hewitt is a wit
n«ss for the prosecution in the case
of Herbert V. Ready, charged with a
crime against nature. Helms gave him
. $160 last Sunday, be alleged, to give
false testimony, and took him to San
Jose with the object of making an affi
davit before a notary public. He did
not make the affidavit, but escaped
from Helms and came back to' this city.
. The., preliminary ; examination ot
Ready commenced before' Police Judge
Cabaniss yesterday and was continued
till January. 23. He was represented by
Attorney A. , P. Black.
Customs Collections
' The custom collections • yesterday
\u25a0M-ere' $23,094 and the j Internal revenue
receipts amounted. to. s29,23o. Only, s4oo
In- transfers -was - received at -f the - eub
trcaEury ycEterday from the cast. • _;
GRAND JURY TRACES
COLTON SECURITIES
Agent of Hutton and Company
Says He Sent Bonds to
New York House
J. Dalzell Robertson Is Drawn
Into Looting of Estate by
Brokers' Testimony
To find what had become of the lost
Colton estate securities was the pur
pose of the inquiry conducted by the
grand jury yesterday, under the direc
tion of Assistant ' District Attorney
William Hoff took. The jurors learned,
as had already been published in the
papers, that in March, May and July,
1906, J. Dalzell Robertson, assistant
secretary of the bank, took bonds
worth $100,000 to the San Francisco
branch. of the stock brokerage firm of
E. F. Hutton & Co. and placed them
upon sale.
R. E. Mulcahy, Pacific coast manager
for the firm, testified before the jury
yesterday that the bonds in question,
which he identified by number, were
sent to the eastern office of the brok
erage firm in New York and disposed
of there. He stated that at that point
his knowledge of the securities ceased.
He added that the New York office
might have a record of the. subsequent
sales of the Colton bonds.
Attorney Barclay Henley, represent
ing the contestants to the Colton es
tate, testified before the jury that he
had located $100,000- worth of the pa
pers, which were intrusted to W. J.
Bartnett to the total value of $205,000.
Harry Berl,_a stock broker, and B. N.
Gunn, a real estate man, were also ex
amined by the " grand jury "relative to
the whereabouts of the Colton papers.
Their testimony was needed to' com
plete the which the grand Jury
is gathering against J. Dalzell Brown
and W. J. Bartnett for their connection
with the alleged misappropriation of
the bonds.
Mulcahy's testimony introduced J.
Dalzell Robertson into the conspiracy
to turn the trust papers to the benefit
of the bankers. Robertson, who is under
indictment for falsifying the records
of the bank and for deceiving the
bank commissioners as to the bank's
assets, may thus be involved in the
Colton scandal, for which both Brown
and Bartnett have been indicted oa
charges of embezzlement.
Other witnesses before the grand
jury yesterday were David F. Walker,
once president of the bank; G. T.
Klink, the expert who has. worked on
the' bank books since the collapse of
the institution: Samuel J. Rosette, sec r
retary of the El Dorado lumber, com
pany; B. M.- Bradford, secretary. of the
Carnegie brick company, and F. .B.
Maynard, secretary of the Western con
struction company. Paul T. Otey
brought records of the bank to the
jury room, and E. N. Harmon, a di
rector of the El Dorado lumber com
pany, was subpenaed, but did not tes
tify.-
Maynard, Rosette and Bradford were
examined .regarding loans shown by
the ledger of the bank to have been
made to them or to the corporations
they represented. It was the purpose of
the grand jury investigation to find out
what became of the money loaned by
the bank. At the conclusion of the in
vestigation Assistant - District Attor
ney Cook stated that no .matters j de
veloped; that had not been previously
considered by the jury in some phase.
The jury adjourned at € o'clock to meet
Tuesday afternoon at 2 o'clock.
BANKER RAGLANDrS TRIAL
GOES OVER FOR A WEEK
Complaining Witness Has Rec-
ord of His Own in' the
Police Court /'
IL E. Ragland, president of the de
funct Citizens' state'- bank,, appeared
before Police Judge Conlan yesterday
on' the charge of exhibiting a deadly,
weapon in a rude and threatening man
ner. The accusation ; was made by I.
Poznanski, painter, 749 Willow avenue,
a depositor in\ the bank to the amount
0f. 51,075; At the request of the de
fendant the case went over for. a week.
Poznanski-, the complaining .witness,
figured as the defendant in the same
court recently on a charge of assault
with a deadly weapon. He=. and some
other painters got mixed Jin a free fight
at Larkin and Jackson streets July 22
and John Blonder's arm was broken by
a blow fr6m a brick thrown at him.
Four persons were arrested+-Poznan
ski, Nathan Brocker , and Charles and
Joe La Grande. The cases were "con
tinued from time to time, but were 'all
dismissed November 14. , .
REGENTS/- OF. UNIVERSITY
GIVE THANKS FOR GIFTS
James D. Phelan and Others Are
Among Largest Benefactors
of Institution During Year r
The regents the University, of
California met in ' session yesterday
afternoon at the Art association's
building on- Powell and -California
streets. . A number ,of recommenda
tions were read and approved, among
them bding one making Professor
George : Malcolm Stratton professor 'of
psychology, M. E.Sherwln assistant* in
cereal investigations and F. L. Yeaw
assistant in plant pathology for six
months. Professors - Cottrell and Rob
ertson' were granted; leave of absence
for six months without salary;'.;:
Monetary gifts from A. A. d'Ancona,
Professor A. Agassi z for purchases 'and
salaries, and ' checks from ' Levl Strauss
for the support of the r Strauss schol
arships wera acknowledged, as iwas a
gift of $125 J for the endowment of a
scholarship for the ensuing "year. It
was voted to build a stone bridge over
Strawberry creek in the - university
grounds and the erection of " a- tem
porary museum for the \u25a0housing of
zoological, and paleontological collec
tions was approved. :An addition; to
the architectural building at a cost "of
$6,000 will be made.
A vote of thanks was ' tendered to
James D. Ph^lan, William H.; Crocker.
J. D. Grant, *. John Parrott and E W
Hilgard for their deed of the 'five
shares: of. the. Kearny estate in Fresno
to j the university. ; The' shares ! are ! val
ued .at, $666,000. >\u25a0\u25a0, It« was> further,- rec
ommended , that - Cleveland t-'Abbey : as
sistant' to. Professor; McAdle/ should
give - a course of hour lectures three
times for \u25a0; th^ benefit of - the
i students on '. meteorology. - Monday was
I the first day* of < registrations and:- the
\ roster showed the names of ;2,180; 2,180 stui
\u25a0 dents, the : largest number ever re
ceived for the spring : term>: "v"? '
Dr. r Sle S «t'« Angostura; Bitters/ delicious 'with
.lemonade, cbamptgsei iherry tad rauicy drinks.- •
THE SAN JFRAyCISCQV CALL, V^EDJSiCSDAY; JA^TJAR^ 10, 190 a
Attorney/. A. A. Moore -(above) \u25a0} and. Stephen Costello^
who: engaged : in .a i fist : fight in Judge * Muirasky's courtroom"yes
terday following •a * few epithets applied ' by. •. Costello Hoi his
opponent. \u25a0 ;"' . . ' ''."- ': ' / '.'.'.' \u25a0'\u25a0 '" -i** " : V/ .." " /
WITTY SALLIES AT
INSURANCE MEET
Sparkling Jokes Enliven Session
of the State Underwriters'
Association
Insurancemen from: all 'cities and
towns of the Pacific coast are attend-,
ing the thirty-second, annual meeting
of the Fire Underwriters' association
of the Pacific which C convened
day morning in; the board : room of the
association in the 'Merchants'. • 'Ex
change building. The session will
continue today and will terminate ..this
evening ma banquet; to be held at: the
Fairmont, * .
Members > of the association; gather
annually to exchange .views and. de
bate topics of mutual welfare and in
terest, and the papers read and dis
cussed yesterday were" given undi
vided attention, their, authors were
generously applauded and their sub
jects freely discussed. •\u25a0 : Chief • among
them was a dissertation on insurance
affairs from the viewpoint of an' ad
juster," delivered by. H.;C. Koempel ;Of
this city. '. \u25a0;\u25a0 His address was enlivened
by many witty- sallies. Among, those
which evoked great Slaughter , '.were his
definition of,; arson' as '. "spontaneous
combustion Induced, by- contact; of an
insurance policy .with -a 1 trial balance
sheet." \u25a0
j Other, papers 'read- yesterday were:
"Some; Advantages Afforded ay Special
Agent," by i James C. y, Cunningham,
Spokane, Wash.; "Spontaneous Com
bustion," by- Professor 'Edmond O'Neill
of the University of California;; '.' Su
ggestions,'.' by \ Chester S Deering, ' Port
land,! Ore. ; "My : Early ;Experlences and
Recollections 'of Fires ' and Fir.* De
partments of , San Francisco," by Sam
uel R." , Wee d, of - New York; 1 ."Adjust-,
ing Lumber Losses," by ;William' Sex- 1
. ton, San . Francisco. 0 -_\u25a0 •-\u25a0\u25a0'. , ' \u25a0 ' .. ; \u25a0
The address - of President Arthur M.
Brown;, which | followed .the reports fof
secretary, ; treasurer V: and '. executive
committee , at the : . beginning^ fof the
session, was on -"Observations in Con
tln.^ntal Europei'V-From van,;" Insurance
Standpoint.7 He dwelt on; the excel
lence of \u25ba building -construction': in -Eu-.
ropean/ cities, declaring; that: this; more
than offset' the; 1 Inadequate fire ; -flght ; *
ing facilities :\u25a0 which 'exist ]', there, r, His
address -also ! touched \u25a0 upon .; the .' rapid
reconstruction.; of i' San * Francisco- and
was ! devoted,"' for > the v remainder,^ to ' dis
i cusslon V of atopies ; of i peculiar \ interest
to . fire '•', Insurance : . men. i '.;\u25a0.'• .'.'.'\u25a0- :: '.":• . -\u25a0
Today's; session, '„. in. addiitojic- to [ the
reading! of papers, .will; include; reports
of committees' and the r election of off!-'
cer5.;. .;;;,;./ - —.\u25a0-', V.v \u25a0 ;. v -- : ...
The. question' of inducing life, 'marine
and : accident
to ; Join > the ; library.' arid" institute'{ofi the'
association was: left \u25a0to : the executive
committee.; .: ;. '. : -
Flower \ Mission Meets
The annual meeting' of the^San' Fran
cisco i fruit and = fiower.,misslon T i wasi held
. January B,atvthe^rooms'fofithe'organi
zation,,,l6lo';Pacific?avenue. ;The^ fol
\u25a0 lowing '.were ; el ec ted *as ;i officers : • ; Presi -
, d^nt/; Miss 1 Hflda \u25a0; Steinhart ; '.*; first E ; vico
president,; Miss Elsie^Hess ; \ second ..vice
pre.sjdent, '\u25a0 Miss ShVirglnia'; Gibbs ; jtreas i-'
urer, Mrs. \u25a0F. * Mandlebaum\\.corresporid
; ing J secretary,^ Miss > Meta ;
recording, secretary, ;Mrs.">M/: : Ballin; di
rectors^Mlssj{£ Miriam -\ :> Wallis, > Miss
; Hannah > Leszyrisky, •''} Miss ; S.; E.";. John
son,' Mis s; Louise Hoelscherahd^MissE."
A; HolcombeJ" '\u25a0\u25a0\u25a0 .''"' ---;-•- \u25a0\u25a0*
Libel .Warrants; Indorsed
V The at * Bakersfield
on J complain t ; of -;Wllllam r'A:'^ Te'ylsTf or
thei.'arrestt'of /, Fremont;, Older fand; R^
. v Ai7. Crothers on ; a
charge ofmbelXwere^recelvedVby; Chief
| Blggy t yesterday.^ Tkeyi were] indorsed
by .; -Police f Judge '.Cabaniss, '«% who if; fixed
the balljof \u25a0 each f def endant i at^sso 'cash.'
; Attorney; Thomas XW4Hickey:yest6r- :
day,; obtained 1; from j Judge ! "Murasky ;'a
writ; of, 7 ; habeas", corpus.";. returnable ~*on'
Friday] for' the! liberation 1 from * custody'
of -Older : and? Crothers,^ ; •:'^-l- "
FINDS SECRET DEN
UNDER KRAGENS
Hidden Hole in Basement ; Where
Hines Fled From Irate,
. Patrons Revealed
While it has -been apparent, to , the
initiated—and the casual observer,' too,
for that matter— that Gabriel Hinds
conducted his Market street store with
the tawdry; stage "setting : of .the the
ater, It.; has : .been learned y since "-.the
creditors: of the business have been
making; an inventory that he had other
theatrical; devices installed inthe place.
One .was | a Becret chamber In the \ base
ment, \u25a0•> which answered all 'the' purposes
of commerce that a'cyclone cellar does
on a Kansas homestead. Just as Hines
hid under the name of Kragen'onsthe
billboards, so he was prepared to ! hide
under the counter 'when occasion de
manded. • . '.'.
•As a natural consequence of. the sort
ot business "Hines conducted, there was
always I a stream of I complaining cus-:
tomers besieging the •-: store. .Many
were irate to : the point of Z threaten
ing—^all were • mad. 7 with the fervor
comes -to .a; person who has been
deceived j and ' cheated In? a; bargain for
a purchase. They, would prova. uncom
fortable ; folk I to ; meet. J It -was far more
pleasant for the proprietor of the^ non
union. ;"workingmen's;Store',' to\be able
to dodge : the \u25a0 naturally g irascible pa
trons.\. So \u25a0 he ' had his cyclone cellar in
the basement -prepared- for ». an emer
gency/. The cache was discovered* yes
terday by, the -representatives "of the
creditors who;' are '.making -an inven
tory of the place. 1 - ; \
While not exactly a bullet proof
apartment, the -retiring room ;was suf
ficient; to save ;Hines .from the fervid
tongues of ; women who , had" thought
they < were buying $60 : sideboards for
$40 and found" thatr'sls articles were
delivered. ' - ' >: .'•;
? x lt was a ttradition . among,; the bun
koed' that ; Hines r could; never,,- beTfyund
when a complaint was 'about /to^be
made ;against-:; against- : the treatment = received
at^the .store.;,. Now - It : is -learned ; that
wh en an angry,; patron >; would i appear
Hines^.would slink ; Into 'the --cellar]; of
the ';. building and '\u25a0-, hide'.v while f. patrons
would ) walk ithe ; store s from' the/flrst \u25a0to
the sixth' ; floor," Impatient : and- excited
but > unable *to - find , the - man « who ;>; > dis
graced hist trade. \u25a0-; • -
:' New I stories /come I out "daily ,, .which
show - Hines' 'cunning.' t '.The : latest deals
with .:the^ way./ in which "he \u25ba-.beat: the
owners - of ; the J building in : which V the
storeys located, 5 ; securing; freeilighting.'
When the'3negotlatlons\f or? leasing; the
property: were •; ln\ progress 'Hines .^de
manded "that the '4 rental;' fig'ure'' should
include; lights. SThe owner, secured" fig
ures, as; to^thefcostt; for,'; lighting -other;
stores \u25a0"- and'".- conceded :- this,-; point, § sup
poslng<that -the .usua.l ; number-of-elec
trlo globes 'would "* be; put^ in fand ithat i
the 'lights ywould be! kept -burning only
during ,: business fhours.yßiit * Hines 'i' .-had
no .such? idea^Y' On-''theVcontrary,;lt ;is \u25a0
charged": that^he? spread-; himself tin; the
matter of > illumination, r sticking " globes
wherever :; places " f could ,i be . found v- for
them." ",' Moreover, i'\u25a0 he *i kept '•-, them • '; all j
burning ; until '\u25a0%midnight/v% midnight/v the ~) bill ;i for
electricity ' amounting > to « nearly; $1,000
a J : mbhth. v f; Eyery^evening •; the ",\: store
made'a; brilliant .display, and a^valuable
advertisementiwas secured' by, Hines ?at
jtherexpens© iof 5 his landlord.'; >.: For> that
matter; thei rentlwas fsecured \u25a0 atj theTex
pense"-(of;Hlnes';' ; landlord,^" It Ibelng fair'
leged; that 1 he"' owes for : . ; thef greater.; part
of ; the, time" ; that r he [occupied 1 , the- store.'
Ellen \Gouley Dies vSudderily;
r ." Ellen : Gouley,. 1 aged; 8S '.years, ; died
suddenly at! her. home, r 1346 Pacific street
yesterday-; afternoon. 2-^ Her/ body ;;.(was
;takenitoithe'morguei She is supposed
to'have beenf quite well; to- do."u' . .;
Shotlin
*4iFrank;R.*Bell, who' killed ;F.;:L;C6eh^
ran f last f,we6kf-in": aj saloon ;| in' Sarisom
street.Xwasi exonerated* yesterday* by£ a
cor oh er'sTj ur y, V whl chl dec ided i that • Bell
had shot r CochTanUn T self-dercnse.Y' :
ATTORNEYS BATTLE
IN THE COURTROOM
A. A. Moored Called "Hoodlum?
by Stephen Costello, Hits
Matter in Neck
Two Others Join in Scuffled of
Many Blows Which Miss
the Mark
"I , will have to refer to you '; as a
hoodlum : and'a, blackguard in a' mo
ment,"'said Attorney Stephen Costello
to Attorney A. A. Moore after an ar
gument in, the* trial fof the 'suit \of
Charles Jones against the United Rail
roads \; for? $50,000 damages, in Judge
Murasky's court yesterday. ' '\u25a0 "\u25a0"-- : .= ''.{
• "Well,' I don't hear 1 you calling it,"
answered Moore, tantalizirigly. ,
. "Consider it done," came back Cos
tello:; \u25a0
"Instantly, Moore 'jumped to his feet,
rushed atv Costello." who was standing,
struck. at him I ' with right: and left, and
hit him in the neck. Costello put up his
handsandtlic two lawyers battled.vio
lently: on the floor' of -the court. Then
Attorney Frank- Costello and. Edward
A. Foley, associated with Moore in the
defense, also got into the conflict.
• The quartet of lawyers engaged in
an undignified but : harmless struggle,
lasting several ;seeonds. Arms flew
through' Hhe 7 air 'vigorously, several
body blows were struck, and above the
sound of the conflict Moore Was heard
calling 'Costello al, "dirty scrub."
Then Court Clerk Jackson and Bailiff
Young jumped Into the^f ray and pulled
the pugilistic men. of law apart. Con- <
sidering ; the energy and vigor with ;
which * the combat was waged, it* was
remarkable- that so little damage was
inflicted. -'No blood' was* spilt, and none
of the boxers showed a'mark. Many
blows had been aimed, but few had
landed. Judge Murasky, who seemed
excessively/annoyed by the outbreak
of fisticuffs," merely remarked that he
would, take the matter up later.
"He " called me a blackguard, and I
said: he was a scrub and struck him.
That Is all there Is. to it. I hurt my
hand on -him,"; was Moore's explana
tion of the affair. V,.
, "Mr. Moore ; has, acted in an offensive
manner throughout, this . trial." :de
clared. Costello, "and I was provoked to
say he was a blackguard. When he
struck at me I did 'not endeavor to
strike back. , I merely pinioned his
arms. \u25a0 He is. an old man, and I would
not strike him." :
1 The display .of . physical force fol
lowed ah ; attempt", by Costello to have
the jury ; . discharged because, as he
hinted, ari "attempt had been made by
United "Railroads officials to .tamper
with-; it.; .Costello bad Juror Richard
Barry, on .'the ' staiid,' and questioned
himvas [ to", his acauaintaisceship with
John J. Cassidy [ of the claims depart
ment of "the railroad . company. ' Barry
admitted having talked to Ca3sldy In
the \u25a0 elevator once ; during the progress
of :, the trial, but said it 'was only
about, his health. Costello asserted that
the ; court - .had \u0084 been ' thronged with
emissaries": of "the' United Railroads ever
sinee v the trial* commeiic^cj \u25a0', arid Moore
said that the statement was untrue;
/After "ari adjournment Costello intro
duced testimony and'affldavits" ln 1 sup^
port of his application to have the
jury .dismissed. . One. of those called to
the stand 'was Samuel Leake. who said
he had - come : to the courtroom only] to
get • a prescription % f rom " Dr. Coffey,
chief . surgeon of the ; United Railroads,
and- had; not*. tried to approach jurors.
Cassldy, also examined . and said
he had- not.- attempted to influence" any
juror. •'"\u25a0 •'.\u25a0\u25a0 . '-\u25a0\u25a0?,• .'--."-.•
; In an address Mbore protested against
what, he; termed.! Costello's effort ;. to
bulldoze" the Jury. .He sa^ld that; Cos
tello ; had tried to , run a miserable, un
justifiable bluff.' His' action amounted
to professinal misconduct. Finally
Judge Murasky denied the motion' to
dismiss the jury; and the case was pro
ceeded with. . . >r
" At' 11 o'clock last evening the jury
returned a ' verdict awarding Jones
$5,000 from the United Railroads,
breaking a precedent which for: .15
years has held and which"! has ruled that
in damage suits the corporation has al
ways i wo n; " -V .
1 "After, the "jury had returned its ,vef- ;
diet Judge* Miira'sky imposed^ a' fine of
$50 each on Stephen Costello and A. A."
Moore as punishment for their pugna
cious conduct 1 - "during the afternoon
session of cfourt. .;
;:; ; ."In*^ 15 years there: has not been a
verdict, against a street railroad com
pany; in this .city, 1 ' said Costello. "The
United- Railroads has got this thing
down : so.; fine; that most . attorneys have
altogether, given: up. the attempt to
get .verdicts.: for damages against the
company., ,So secure does the concern
feel that; It absolutely! refuses - to al
low . any = claims -arising out of. acci
dents for .which . its officers are ; re
sponsible." ;' ' ' \ ; .
FIGHT COSTSXLERKS IN
MINT THEIR $2,000 JOBS
Employes Discharged Af ter ; R
e' cent ... Fist»c Encounter - Rein-
V stated at Reduced } Pay"
Patrick^ Donnelly and^ ; Charles S.
Arms, two i clerks / in, the United States
mint, ,who came , to blows several j weeks
ago> as;'; the : result : of \u25a0; long standing
differences, have: been . reinstated/but
not ;,to "their ; former . positions. -'Both
Donnelly ' and ' Arms U will f lose'-?' s4oo '' a
year, . for; they." have I been ; relieved from
the positions " of chief • clerk \u25a0; at a sal
ary,; of ; $2,000 a^year. -
x ; Donnelly, who was the chief abstract
clerk," is , now/ a; clerk in . , the . melting
department,: and 'Arms ' is • now.' a clerk
in? the assayer's ; department. . Henry
Mehler has ; the i. position ''\u25a0 of ; chief •". war
rant * clerk,} which if was formerly' held
by : Arms, \ and "Abraham' Norton' has
been . appointed L chief .'.: abstract clerk,'
Donnelly's former, position.
Wants Brother Arrested
V:;Mrs.':Ellen r vC6ursen; Roeckel, 4rauslc
teacher,^ 1060 }l Fulton ._ street, V obtained
\ from 1, Police V Judge 'I Cabaniss
j yesterday for ; the arrest \u25a0of her brother,
>- Sherman i; A. \ : ; Coursen,'; on " charges f. of
batteryjand disturbing, the ; peacef? Sne
< alleges?, that : Monday :' Coursen 1 slapped
j the]; face? of iher^ son.iMario, and ; when
|she v ..rexndnstrated ; with: him h© raised
a. disturbance '"'and ; .used \u25a0 vulgar*; lan
guage, She Vwas; determined ? to' punish
him -for abusing t the ; boy,"' she said. ;Y;
* ASTOSSi GIVE BALIr-^-Xew. York, Jan. 14 —
For I the I first | time |in \u25a0 three seasons the ballroom
in \u25a0< the \u25a0'\u25a0 residence ; of j Mr. \ and < Mrs. i John \u25a0 Jacob
Astor 5 in \u25a0„ Fifth : arenne -. was .thrown open last
night, s a -theatrical a entertainment beinz rlTen
there to about 300 guests, v- ..-'.. * -
COLDS CAUSE • HEADACHE
-Laxative : Bromo •: Quinine 'j removes the cause
Used the .world' OT«r .to I Cure a Coldfia One Day
E. \W."| Grove's ; aignatnre ; oa box. ;- 25c. , •
Tor Infants and CMldren.
HaVe Always Boiight;
_fiagnatur» of . %&&£/&?<4&Ut£
I O'CONNOR, MOFFATT @> CO. j
I Commencing today we will plafce on sale a special |
I importation of 20,000 .yards fine Nainsook, Swiss and |
j Cambric Embroideries |
j Edgings 2to 10 inches wide 1
I Insertions 1 1-2 to 6 inches wide I
1 Flouncings 14 to 18 inches wide 1
I Regular value 25c to $ 1 .00 yard I
115 c,1 15c, 20c, 25c, 35c and 50c yard!
1 . Sold in Strip Lengths Only I
I \u25a0'\u25a0 SEE WINDOW DISPLAY _J
H ]^^F)JS*? ft Phone Franklin 591
| Northeast Corner Van Ness Aye. end Pine Street I
SEEKING TO ABATE
RAILROAD ABUSES
A hearing before the state railroad
commission. Including the full discus
sion ; of . traffic matters and a demand
for legislation to regulate the present
abuses by the Southern Pacific and
other roads in the matter of switching
and" loading charges, will soon be
sought ' by the California traffic" asso
ciation, which is rapidly perfecting its
organization.
A; meeting of the committee of nine,
named at. the general meeting of mer
chants and shippers last month, was
held yesterday afternoon at the office
of O.vK. Cushlng 'In the merchants'
exchange building. George Uhl pre
sided, and with him were present Isidor
Jacobs of the California canneries com
pany, J2. A. Howard of the Howard
lumber company. J. "W. Rolph of the
Risdon iron works, W. M. Field. P. W.
Rochester, J. H. Morton, T. M. Hill,
G. W.. Fletcher. S. W. Backus. \T. WY
Collins, O. K. Cushing and Royden Wil
liamson. The session was executive,
but was devoted to . a general • discus
sion of the objects to be accomplished
and of the perfection of details of or
ganization. . A special committee, con
sisting, of Field. Jacobs and Rochester,
was appointed to arrange the perma
nent organization and report back to
the general committee.
Encouraging reports from various
cities and towns of the state were .re
ceived indicative of the desire of ship
pers to join the organization and se
cure just charges and efficient service
from the railroad companies. "W. H.
Joyce^ of Los Angeles was present,
seeking information as to the plans of
the association, with a view to similar
organization In his city.
' The legal aspects of th© situation,
and the benefits to be derived from
the proposed hearing before the rail
road commission were fully presented
by O. K. dishing, legal adviser of the
association. The testimony adduced the
recent- hearing before the interstate
commerce commission will form the
basis of the charges to be made to the
Suy an Ocean
Shore Bond
For your son, daughter, wife or your-
self, \u25a0.s9fr-rs-l 6 down, $10 a month
NETS 5.21%
Get the habit of saving money— learn to
make safe, sure and profitable investments.
Buy railway bonds, which are considered the
safest of all securities.
Buyan Ocean Shore Bond for s96
. You . can pay $16 down . and $10 a month and in 8 S
months' time get a $100 bond, which is secured by
: a first mortgage on the entire assets of the Ocean
Shore Railway Co.
; These bonds, which are exempt from taxation,
net investors 5.21 per cent on their money. The
-Ocean Shore Railway is^ spending millions to de-
,: : velop Central California. in general and San Fran-
cisco in particular. Write or call for booklet
OCEAN SHORE RAILWAY COMPANY
5& Eleventh Street - - - Telephone Market
r s
HELP DEVELOP SAN FRANCISCO
A •*"^*: SfrifiP - - t -_. _- . . ....... ~ - .'\u25a0\u25a0'' \u25a0 _ \u25a0
[ 1568 ,Vaa S*es» Av^ Corner California 4*--' " ' '' ' v ' ' \u25a0 \u25a0- -
PLANS SUICIDE TO
AVOID DROWNING
The officers of the liner Alameda.
which arrived yesterday from Honolulu,
brought word of a tragic incident in
the fearful voyage of the German
steamer Tolosan. bqund from Puget
sound for Vladivostok, which put into
Honolulu January 7 in sore distress.
The story of the Tolo«an*s encounter
with the elements has been told. Great
seas swept the decks and wrought
fearful damage, tho ship became dis
abled during the hurricane and was
thrown on Its. beam. ends. The cargo
shifted. One man was killed and others
were Injured and when the. Tolosan was
sighted from Diamond head the big
freighter looked like a mass of battered
junk.
The Tolosan carried one passenger, a
Greek merchant., who owned a large
shipment of fruit that formed part of
the Tolosan'a cargo. When the storm
was at its height the Greek, with a.
razor gleaming in his hand, fought his
way against the gale to the bridge an<t
signaled to the captain that he wished
to speak with him.
"Will; the. ship sink?** demanded the
passenger. \u25a0
"Perhaps." replied the skipper.
"Are we going down now?**-:
"No. We still have a chance."
, "Will you send word to m© when
there Is no longer hope?**
"Get off the bridge!" screamed the
skipper. "Why do you trouble me at
a time like this? Go to your room!"
"But will you let me know?" per
sisted the Greek.
"Why?" yelled the captain.
"I'm afraid of drowning and before
the ship sinks I want to cut my
throat!"
The gentleman from Greece arrived
at Honolulu with his throat Intact, but
would" travel no more on the Tolosan
and took passage for the orient on the
liner China.
state commission. Another meeting of
the committee will be held in a few
days.