The San Francisco call. [volume], August 03, 1909, Page 7, Image 7

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

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WANTS TO HAVE NAME
OF DIVORCED HUSBAND
Henriette E. Wolf Now -Regrets
Resuming Maiden Name
Henriette EL Wolf is doubtful
whether she is a "Miss" or a "Mrs,**
and applied to the superior court yes
terday to aaslsf her In settling: the
point beyond question. . She was born
"Wolf and married Frederick O. Xorman
"in Februarj-, 1889.' Less than a twelve
iT*6nth later Mrs.' Norman grot & di
vorce, and at her own request was
given permission to resume her maiden
•iiaih-e. Now 6he Is sorry she went
.Hack, to the name Wolf and seeks per
mission to call herself Mrs. Henriette
".^v \u0084„
\u25a0 ...Endless embarassment and constant
conTusion and annoyance have been oc
casioned by her return to > the use of
her maiden name, the petitioner states.
Slje Is of French extraction, and says
vhfit- It Is the custom among French
people at all times to refer to a woman
*?n'ee s married by her married • name.
\u25a0She lias a large circle of. friends and
acquaintances, and at social functions
and private and social gatherings they
invariably re'fVr to her as Mrs. Hen
r'i'eUe E. Norman. The petitioner is
19- years of as;e and has resided in
"Francisco 20 years.
.LIQIIO? LAW VIOLATED— Mrs. Annie Can
bar, store- k«-«>por Sr. tb* Mission, was fined 1 100
hr.-PoH.'* Jodgp Despy jrescerday for Boiling
licuw without a license.
: ;. ; amusements
.-. f.Er-ASCrt & MAVER. OwTiers and Mjnurcrf. • "
." ' -TQXIGHT— ALL THIS WEEK— TONIGHT
FRANK BACON
. .c. c . And the ALCAZAR TLAYERS In \u25a0
CtIARIEV'Sg; AUNT
ddipcc' »mM oc« t« TVi 1 FUNNIEST
PRICES— Sight 25c to UT/ FARCE EVER
$1; Wathee; 25c to 50c POS^ WRITTEN
. . MATINEES SATURDAY AND SUNDAY
NEXT WEEK— AUGUSTUS PHILLIPS IX
"THE SQUAW MAN"
' Safest ftrt(J Most Magnificent Thfater in America
cMA'TI.VEE TODAY AXD EVERY DAY
1 ARTISTIC VAUDEVILLE |
'- :,SAM --CHIP and MAKY MARBLE, in tbo Dpft
with Ditties Designated "In Old
-:f"4*W: G— AMERirAN DANCERS— fi: MAT-
• THEWS -and ASHLEY; FRANK J. CONWAY,
MAIKE and Co.; SCHRODE and
' MrLVEY: GRIFF. Assisted by George: HER-
WST anjI'WJLI.ING; NEW ORPHEUM MOTION
PICTURE*. Last Weok. Tremendous Hit.
\u25a0SAM" WATSON'S FARMYARD CIRCUS.
• :E*eniii{r- Prices, 10c, 25c, •><><•, 75c; Box Seats.
. Kl.'Oft. .Matinro Prices < Except Swndays and
• nolidsrj-s*. lix-, 2>, ol»c. PHONE DOUGLAS 70.
MALENCIn ™£$&
-....'-. \u25a0 \u25a0 Phone Market 17.
''"RIGGCinr LAlGil IX TOWN!
'.*"• Gillette's" Furiously Funuy Comedy.
ALL THE COMFORTS
ti OF HOME
.AVitu- PAUL Mi-ALLISTER and AH of the
'•".-. \u25a0•' i* .•• Valencia Smile Producers.
':\ '.'vred. *il«ts.. ( 25e: Sat. and Sun. Mat?.. 10c,
.-"•"Sc, iJs<r and 06c: Evening prices, 25c to |1. ;
• -..• .. : .-"seat6 .on Sale at The Emporium.
MfAM NESS—
'•'\u25a0 ' "Cor. ..Van Xess and Grove. Piione Market 500-
:. :; : ETonin.ps.at &20 — Matinees at 2:15.
\u25a0 ".."\u25a0 -SECOND and LAST WEEK
List' Matinee Sat. I^ast Time Sun. Night
y ..-.'Frvfleric Thompson Announces .
\u25a0* • v '• .' Aa*rit-a'B* Greatest Dramatic Success,
CIRCUS
JL'-PLAY FOR ALL CLASSES.
mSSSIv "PAID IN V FULL"
/SlineriGan
• Market 'Street near 7th. Phone Market SSI.
„ "CLE.VER AND GOOD PLAY."— Walter
Antuony, Tbe Call. • '
• . AMERICAN STOCK COMPANY, in
AT THE SOUND OF TAPS
A TAMOUS GERMAN MILITARY. PLAY.
•'J SPECIAL SUMMER PRICES: ".
. Ii\'ENINGS— 2-%c. 50c and 75c •
• ' : , "MATINEES— 2Sc «nd 00c.
*«V"« V " "NEXT SUNDAY MATINEE.
. ZLUfOB. Gi.YN'B "THEEE WEEKS."
* "< Seats on Sale Wednesday, ,,.
I -Key Itocte Ferry, Excursions ETery 20
Miootes. -Bound Trip, Including Park
Admission. 25c.
WONDERFUL FREE CONCERTS ,;
\u25a0Erery Afternoon and Ercry NJght .'
\u25a0 I^B BLI \u25a0? C+ AND HIS
INNES BAND
<iO Plt#ere — 10 Prf ml*r Soloists,' Incladln? \u25a0
Virginia Lietemann, priota donna soprano, and
Dr. H. J. Williams, . the great Welsh Harpist
SPECIAL PROGRAMMES:
• This Thnrsdajr Afternoon
iIENDELSSOHN-GODNOD PROGRAM.
« This Krlday Erenlnc
THIRD WAGNER CONCERT
Htve Ton Tried the New Xistioa Grill 1
Sipyi WEP
]Mn fji Ml
FILLMORB, TURE, EDDT^ASD WEBSTER
Open Morning. Afternoon and Night.
MAMMOTH FREE BILL
c GlasßOork'R Herd of
TRAINED ELEPHANTS
Ttie Junple Cooatedlan
"LITTLE MIKE"
TOWERS
Tbe Man Who Jumped from Brooklyn Bridjre.
AMERICAN COMEDY TRIO
FLORENCE SPRAY & DEMON
OPEN AIR MOTION PICTURES
. ROYAL BAND A ROMA
* hk-.—THAT'S ALL — 10c. . -
WHY SPJND MOKEY FOR AMUSEMENT?
SKATE
AND JOIN THE MERRY THRONG AT
COLISEUM W^
TTOIVICihiT 1
DR. FUSON'S WIFE
TELLS OF RIVAL
Saw Her Husband at Theaters
and V Department /Stores
With Another Woman
After, Five Days' Trial Helen
Lacy Is Granted Divorce \
From John Lacy/
\u25a0That Dr. A. U._ Fuson, a. physician
whose offices .'are in the Mission, lav
ished his attentions on a woman, not
his wife was the accusation of cruelty
upon which Mrs. Aline L.. Fuson. prac
tically obtained a divorce in Judge Van
Xostrand's court yesterday.. Though
the -decree was not signed^ the. judge
intimated that he would do so as: soon
as a formality in the siiape; of 'a: re-*
turn- of affidavit of service had? 'been
attended to. Mrs.t Fuson is to get $50
a month alimony, the doctor having
agreed to pay her. that allowance.-
TALK OF THE ZVEIGHBpRHOOD
The wife told of -having, seen.. her
husband in public places with, "the
woman- In the. case.". She /said she
had seen them driving around' together
In 'his" buggy, at theaters, and in de
partment stores, where she watched
the doctor buying things for her rival.
"Everybody knew of -""his attentions -to
this woman- — it' was. the .talk of the
neighborhood." testified Mrs. Fuson.
Mrs.' May. Treverton and Mrs. Stella
Bonn , both Informed the ' judge J they
had seen Fuson in' company -with the
unnamed woman. , .
Amelia Car'dew was granted a di
vorce from Crestopher Cardew/_by
Judge Van Nostrand on the ground of
willful. neglect. "/ . \u25a0 .;. •
Fred C. Pattison, an employe of the
Royal insurance company, is accused
of having left his wife, Maud Stella
Pattison, absolutely destitute, in an af
fidavit filed by the latter yesterday in
support of ! her petition for alimony
pending the trial ,of her suit' for di
vorce. Mrs. Pattison is with her sister
in Santa Monica, and states that she
was forced to borrow clothes. in order
to make the journey. She is about "to
become aniother, and complains that
Pattison .will not even give her money
for physician's fees. . She asks for an
allowance of $12.50 a week, for an im
mediate payment of $245, and for $800
counsel fees.
.MRS. LACY GIVE* DIVORCE
The fiercely contested Lacy divorce
trial was decided yesterday, # Judge
Troutt giving the wife, Helen, a decree
from John Lacy on the ground of
cruelty. Of the four, children, the eld
est, aged 10, was awarded by the court
to. the custody of the father, and the
other three . to the custody of their
mother. Lacy, who is a rigging con
tractor, was ordered, to pay Mrs. Lacy
$45 a month for the support of herself
and the three children. Each party
made many allegations of cruelty
against the other and the trial occu
pied five days.
"A cat," "a" missing link," "an ig
norant Swede," "a' fool," are a few of
the things Adrian Egbert is accused
in a. divorce, complaint 'filed yesterday,
of having called Meta Egbert. Besides,
he assured her she did "not haye
enoughs brains to,, grease- .a, gimlet,"
punched h.erin the face and. threatened
to^ kick her. downstairs, according/ to
Mrs. Egbert. "The defendant is a car
penter, and owns property worth $1,500.
Jesse W. Olney, an attorney, com
menced suit for- divorce yesterday
against Catherine B. Olney.' They" were
married in New York December -19,
1905, arid Olney alleges his wife de
serted him 'in the same city May 16,
1908.
Suits for divorce were filed yesterday
by:/ *
Hattie F. Morser , against Melton C.
Morser. desertion. -
Thorwald George Hansen Loch
against Mary L. Loch, desertion. / pt.
Felecie - Bauchou - against John Peter
Baucheu, willful neglect.
HAWAI IAN CHARGED
WITH ABDUCTING GIRL
Wealthy Puyallup Indian Chief
Is the Prosecutor
TACOMA. Aug. 2.— John Andrews, ; a
native of ; the . Hawaiian islands, who
came here two weeks ago, is having a
hearing on the "charge of abducting
Grace Stamip, the pretty 17' year old
daughter of the late Peter t Stanup,* s a
prominent- and wealthy 'member- of the
Puyallup tribe. If developed in 'the
testimony ' that Grace, 'has $20,000,
chiefly tide lands, with \u25a0 $9,000 in the
banks. - , ; /
A FEW WORDS WITH the
LADY of the HOUSE
The Fireplace in Snrariier
A' large variety, in effects, none', of
which is expensive, may be easily, made
to. conceal fireplaces, during the sum
mer:-" \u25a0 \u25a0 ".:\u25a0\u25a0 '. . \u25a0 • . ' \u25a0;\u25a0 \u25a0 ... . '.-*;.' ' \u25a0-\u25a0,
The very simplest of these' expedi
ents is to hang a small- curtain before
the .space. If the opening is r. sunk
back of the mantelpiece line, then ar
range: this drapery from below^the shelf.
For this : a small brass rod ' should be
used, its length . fitting over.: the brick
orrmarblc '.work "iat the sides. Small
brackets hold the rod .. in , place. These
are fastened into- the cement with,
screws, if brick work; etc., surrounds
the grate:>MPS|j!Pqßl*
The "curtain should 'be silk or cre
tonne, in ..tones to.'correspond with the
room. color scheme.~-and must be made
with a hem ; through which the rod - can
be run. -^HHMPttWHHBHBBMB
If one is so fortunate as to be in
the. country, -where .wild flowers .are
at .*hand; ; the-, fireplace .may . become r a
"thing of beauty"* during warm weather
by filling it every, day , with ; masses < of
fresh blossoms. If the " flower decora-;
ti on is used the grate 'must have la' line
of pans at. the very back, of { the \t airly,
deep broad, variety, reaching? from? one
side to the other.- ; Each pan ..must Jbe
almost filled-with sand;; then -waters is
put in.. By: having* a : sand bed, long
stemmed flowers ; or ferns willtbe held
firmly in place, even In 'these :compara
tively shallow receptacles. . <
Bird Caic* Arrangement— A »\u25a0 woman
whose living room .fireplace: is , in a
bright, strong. light turns the space into
a bird cage in : summer and ; has a\ tiny
aviary. :'\u25a0 The top . of the grate Is ; closed.'
so that .it ; :does not^: show,^'butS still
keeps out; wind -and I : prevents* the .birds
from escaping up the ohimney.\} Perches
are; made from steel rods; that i fit .into
rings- screwed :.in' between* the bricks.'
Besides; this ' therei are* central:, wooden
perches'on movable stands. \u0084T he bottom
of- the - fireplace is i sanded ; and; several
potted,. flowering plants add:to,the.dec
oration. .The-* front ':\u25a0 is ' merely- a i'wire
fire : screens fitting, back * at i the uop jto
tneet.theibricktworkrsltiis-suchfa'one
as is'sold for* open; grates, ih: nurseries.
The birds" have space ienoiigh "to, fiyj and
the improvised 'aviary jis «notionly 'ef
fective, but is: easily: kept "clean.
: Effective . Arrangement— -Such .a ; back
liner will; be: .most effective- when '-. en
tirely* of ;higjferns,^such as* grow,; in
any, woods.and'therdaily.taskof>pick
ing^themisia'jpleasanttone: :•
\\ »Such ' an-. arrangement; would \beiim
practicaj>for a' townthouse,Tbut: another
for flowers; is, still within" theKpossibil^
Uie's" of the flati Uweller; 4 'For. this lat-
the sanMMgiscq-kg^l;:^tuesd^^Mjg^^^^l^
WILL CLOSE STREET
FOR RAILWAY'S USE
Supervisors to Aid Western
Pacific to Secure Freight
Depot Space? ; ;
Board Attemp|ted
: Sale of Geary Franchise and"
: : Votes Big Appropriations
. -.\u25a0. . . \u25a0\u25a0.-.\u25a0•"
\u25a0'.; '• *»The coming ' of the IVeatern : Paclflo
means a srreat deal ll t or S«J» \u25a0 Francisco,
and this board should do nothing to
hinder, its progress. It Is to the public
Interest that the road should be given
adequate, facilities for / handilnk Its
traffic, and the .closing of Langton
street Involves nothing else, except, a
"matter of damages to. a few Interests
damages conceded by. t he'i company and
which It stands ready to settle."
'.These views, expressed by Supervisor
Murphy at yesterday's # board . meeting*,
met the approval of the majority, \f or
Broderick alone voted "No"to' the reso
lution of closure. "The board" of > works
will advertise the proposed closing-.'and
any, property, owner may ' enter ; his pro
test and initiate ; action? for/damages,
upon the final; closure' of ; the; street; //
GEARY STREET FRANCHISE '.
An attempt to' offer the Geary street
railway -franchise ~ for sale .made
yesterday , by Supervisor; Pollok," backed
by McAllister. Johnston,/ chalrmaniof
the public . utilities committee, /when
the motion; was presented j toward the
day> close \u25a0" and * ah ; immediate vote
asked by Pollok, rose to state that .the
matter was of importance -and', should
first" be considered in committee. v It
was : informally/ pointed; out "/that /the
board had alread committed itself to a
contrary position—the resubmtssio.n;of
the Geary proposition to .the- voters at
a special bond issue election/ in Decem
ber/ .\u25a0'\u25a0\u25a0.'.. i, v ;-f •- /'\u25a0\u25a0\u25a0\u25a0\u25a0; : - ;; ;: :->v; V-V../^ ;- ;
Pollok's bill was duly .packed in the
committee portfolio, McAllister/ and
Pollok voting ''No" to this disposition
of the matter. /'; v -
wilt; sell hetchhetchvboxds
The public utilities committee was
authorized by vote of thelboard to use
its discretion in ; the matter, of selling
the $360,000 worth of ; Hetch > Hetchy
bonds still \u25a0in the city treasury: .'The
times of sale and,' the' amounts to be
.offered will be decided ,by /the "com
mittee, as funds are needed; for the
prosecution of the work. "Nearly 'half
of : the $240,000: recently* sold '• is •still
unexpended, -but the entire amount will
probably haves been : used by." the., first
of January. '*'\u25a0; -./ / 'i'x*'?-. ' '.''
I The sum of $5,000 was vpted yester
day to enable the* city . attorney/, to
prosecute the "Lake Eleanor condemna
tion- suit,, to: secure ' expert., witnesses
and to carry through the city's program
in; securing the reservoir site.
. As lyesterday's^was the last business
session of %the board untilMhei begin
ning of /September, the finance/com
mittee.- presented an ; unusually large
number of bills for authorization to
enable; contractors; and merchants to
get'their -money. "• In -bills /under:. $500
the : sum appropriated' was, $228,279.67.'
* .To prevent"^ accounts 'and funds ' cre
ated;last year lapsing,*- the^oard'adopt-^
ed a resolution expressing^ continuing
certain' appropriatiorisr?j totaling : $194,
215.62. Among these-; appropriations
were: ;./ ; . '-. -\u25a0. v/-/ . " /\u25a0" "
Dismantling city./ hall. * $35,500; con
struction of fire alarm \u25a0; boxes, $3,954 ;
building Mission street viaduct, $25,000,
and purchase of flre'alarm.box'es, $6,500.
The board set aside $100,000' for the
Lakevlew primary school.; $100,000 -for
the \u25a0> Sheridan primary, 1 and $25,000; tor
engine' house N0..41.' It. passed. to print
the bills fixing. the licenses of the com
mercial 'and savings banks and referred
the' petition 0f.. -"the North -End, athletic
club' for the September, fight permit;and !
of the United ; Railroads club . for / an
amateur bout September 17 ; to;cbmmit-
STANDS FOR TAXICABS
Supervisors -Connolly and- MeLeran
presented a. report in regardjtb the"pe
tition" of the taxicabj company, that four
stands per block should/be allowed in
stead of ' the'present' two',' Ihvwhicli" they
granted that / the", introduction '; of/ the
taxicabs was a matter of public con
venience, but "recommended / that /the
change should be made after six months
to enable - the present automobile own
ers who have , occupied stands to-ad
just' their business' to the altered con
dition; //"•'\u25a0 '\u25a0\u25a0 \u25a0.-•;./;.":. - '\u25a0/;/-' ."//; : ;
" D'Ancona and *" McAllister > took the
ground \ that the board had no", right *to
stand: in the .way /of an admitted* im
provement for the; protection of ja 'spe
cial' interest . and held ".that "iff the ' taxl
. See the , page for the "Modern
House ;\u25a0 ; Keeper," which r appears
regularly; in the magazine^ of; The
Sunday. Call. : Cash prizes are given
each ' week for the be*st \ household
ideas , and kitchen recipes. Send
in your choicest ! ones .to "Modern
House Keeper Page,". The San
Francisco 3 Sunday , Call.* >.";
ter: decoration, there should. 'be a 1a 1 stand
just \ as high. as the fireplace;- the V "top
being.- a. shelf, ?\u25a0 then ;two»"plairi. sides
held -a together > by. cross " pieces < at '* the
back; will 1 make; it ; secure;? though "still
portable. This- stand.imay-be of* soft
wood that may be, stained- green.
Across ? the back^ should -be stretched
a piece of;gayly.;floweredicretonne,,the
material ; tacked' top I andi sides -, to give
a' smooth appeaVance. " Across: the "hot
tom^a'piece wof: picture .-moulding iwill
finish ? it r prettily. {.This when ; put be
fore; the^fireplace; completely,, screens; it."
; 'On jtheshelfjmay. be^a'irow.of Jbright
colored- geraniums !• in j pots, :some:r ferns,
or, whateyer;one? chooses.;.; lf liked,'? ivy.
or.::.other» vines;;' may '; hang I'down, the
front; ''.. This I arrangement ; Is ; rendered,
farj more f effective^ if 'there: ;is ! a' second
row. of Spotted .plants on the mantel
shelf . ; aboveJ*> : , \u25a0;\u25a0\u25a0.. - ,:
> ;\u2666 . 'i\ . \u25a0'- '\u2666.\u25a0<*> \u25a0
JTodern Honse \u25a0 Keejper'i^Excharige
/Spice : Cakes (Mrs. -John rßehe,.\Bur
linganie)^—Onejcupjof'jbrownfandione
cup* of .white sugar,"ffourJ,teaspoonluls
of-:- melted -butter,*: three'ttablespoonfuls
of molasses, Uhreejeggs,'«two;and!a'half
cupsiofjjflour.Uwoiteaspoonfulslof |bak
ingipowder.tfivcJtaWespoonfulsfof choc
olate.'v one ? teaspoon f ul \ each?, of » allspicef
cloves .« and. Jcinnamon, 4 .i half '; aicup "?of
milk^oneUeaspoonfuHof^vanillaficream*
butter /and -i sugar: add molasses,",; then
twholeJ.eggs;|mlxTflour,^baking^t wholeJ.eggs;|mlxTflour,^baking^ powder,'
chocolate r and!' spices; i addValternately
-.Batter.' must- bei very
sti ff ,\u25a0; cv en *if* \t ; takes m ore '. flour/ ! - Bake"
in vdrippingspan.vand; ice> before it. is
cold ~;and -cut sin, squares. A very good
spice? cake.'. .-' ~ ..'^,^'.,', : /\^-\ ";' :;.•\u25a0'.;, .- ,',- .\u25a0
"r Iclnsr ror.'Sploe Caken— Whites '"of two
eggs, v : : two sraa 11 .; cup s;.; of %? powdered
sugar; add ;a;little of ithe|sugar^before
beating" the i eggs; I* keep? ;adding^the
sugar.; at intervals, \u25a0\u25a0 until « lt -is all Mused
up, beating- amthe:time;sa"llttlef lemon
julcegmay be? added,".which* gives £it?a
frothy,? appearance. r> Spread .'its over ''• tlie
cakeHWithxaJbroaid^knife.;:
WHAT/THE SUPERVISORS
DIIX YESTERDAY
Decided to ; close . Lnnjtton -fitreet J
to ' Bid We»t*Ta*:Paclflc'*in K«t- j
ilng \u25a0deqiiatejjrrelirht t aclllttc*. ,•(, • (
Sidetracked attempt to" «eil Geary '
•treet railway *: franchise and .'<
i preserved route.'* for V use ''\u25a0'©£.' a !
municipal road." -\u0084.,•' ; : j
Gave ; public utilities committee .]
'authority to arrange iale> of - '
# remalniai? 9360,000 lot; Hetch (
Hetchy .bonds, a* aumn ttIH be *.<
needed to 'prosecute, Trork'- 'it]-: <
. ' I Lake : . Klennor •- - and Hetch -V !
• Hetohy. -./..- ' "./ '\u25a0'?.\u25a0-/, ".*.. ';" -';'!
Will sive stands to taxlcabs after |
October 15. " '
Appropriated., many:'/ grants for' '
inerehant m and contractors and ,:<
"\u25a0-'- adjourned . business " until first <
of \: SeptemberjjBBHBWBBBBSBM«
cabs'.were a, convenience' they; should at
once? be "given equal i facilities -on', the
streets iwlth. all otlierjvehicles.'v .
\u25a0;.- Murdock ' and. • Murphy, advocated' a
motion, fixing- October* 15 as .the; date
when the , four : stand' privilege Itsho"uld1 t sho"uld
be legalized^ .while J taking -D'Ancona's
view itliat the'business should be freely
admitted.:-'..' : .--- ! - :, ; -'';':.:' ; '/:\^'"- •-'\u25a0\u25a0-">.'.\u25a0\u25a0*-
;The board adoptedUhis disposition' of
theimatter,. Connolly and McLeran^ alone
voting in the negative. ~ -->:. . . ;
WILL CONTESTANTS FIGHT
DEPOSITION
Preliminary Proceedings fin
\u25a0Battle Over De La veaiga Estate^
/Much, law, "including decisions of
courts all the wayTfrom California to
New York, 5 was cited ";'.'. before Judge
Sturtevant yesterday, in the sarguriient
on. the motion to vacate on order- call-
Iny; upon •E. J. Le Breton -to give his
deposition in the De Laveaga will con
test. Maria Josefa Cebrian.i proponent
of ; the , will of Maria Y Concepciori ' de
Laveaga, and principal beneficiary '"in
the- $2,000,000 estate," obtained 'the or
der from- Judge Sturtevanf last 'week/
• ; A.; de Laveaga, contestant of
the: will, objects to jLe 'Breton i telling
the other, side i all . tiel knows i about ' the
alleged inconipetency.; of , the .testatrix
to ; make ' a will and asks ;'\u25a0 to * have the
order forjthe despoition vacated.
; Attorneys , A; .; Pillsbury;" ; and "Oscar
Sutro. ! 'representing;." -the : contestant,'
argued that Mrs. Cebrian's • attorneys
had "not followed, the: proper: formali
ties in obtaining , the border, "laying,
particular stress on .the ; point that' they,
had failed to state Iri^ the accompanying
affidavit Just what facts they;: expected
Lc; Breton to testify: to. Pillsbury.
feared, \u25a0 he said, thatithe proponent : of
the will, would examine" all the* wit
nesses for the contestant and "find out
what :; they knew.
•After Attorneys Peter F. Dunne and
Timothy J. Lyons had replied on J be
half of the/ proponent,- Judge "Sturte
vant took the matter under subiriis
sion.,"'' . ' " \u25a0\u25a0•':': ' - \u25a0 'w -'- :
COTTAGES AND BARNS
BU^N IN MISSION
Police and Fire Marshal * Mak-
ing an Investigation
--Fire Marshal Towe - and the police
are. investigating.';aNsuppbsed':>incen
diary -flre, at a cottage, 10; , : Hamilton
street, rabout 2. o'clock) yesterday
ing.' Flames ;,were '-3 seen* issuing *f rom
the cotta.ge' by '-. Corporai^McEritee 'and
Policemen i Mitchell and Malloy; ":\u25a0 who
turned in'a^fire'alarm.' ' '
: . The .flames communicated : to aVcbt,
tage.;at 910 Silver; avenue, , to ia baVn, in
the rear and ' to; a i barn, in ' the : rear of
10 Hamilton 'street. \u25a0 All .were"; :. totally
destroyed. Morris | Orief occupied, the
cottage: at 10'; Hamilton street' '^and
George Stolzen the^cottage" at"9lo-Sil
ver avenue,, bothl famili.es ibeing in 'the
country. Theliloss on the "-buildings/ is
estimated; at! s2,soo -but. oh r thel contents
is unknown. \u25a0\u25a0 •• . : ''.-•'--\u25a0\u25a0' -l>-i
While .riding to "the v , fire -Mounted
Policeman "Jlarry Ross fell off his. horse
at Brazil J and 5 Mission ; streets ; and - was
rendered:. unconscious ,'for. . nearly.; .. an
hour. '\u0084 He was taken (to St.', Luke's hos
pital where " it was ' found \u25a0he was suffer
ing from a sprained ankle and numer
ous contusions.
WILLIAM R^ WHEELER
INSPECTS WATER FRONT
Manager ofiTrafficrßureau Com-,
mends ; Harbor -Commission
y. Through the courtesy of the, member^
of , the ; harborfcommisslon, iR. r
"Wheeler of the : traffic; bureau of .the
Merchants* i exchanger-made? a: tour ;of
Inspection.* of /'the '\u25a0'\u25a0 entire .water front
yesterday'; morning/ ~;; •.'•'"\u25a0 :
[•'.;, \u25a0Wheeler was :very much impressed
with' the! substantial"; character iof^the
work .* being;. done by, • the \u25a0-, commission
and the \u25a0 facilities • that : ; are being- : pro
vided ;f or tlie'bringing of ship and. car
together.^ : •\u25a0:. ' ";"" . .".\u25a0•.'\u25a0 \u25a0'\u25a0-";\u25a0*;" : .;. : - : '
'TheTtrip .was taken for the, purpose,
of 5 familiar J with the 1; harbor.
Theprogressiveness of the- commission
and : its Vwlllinghess, .so! far asj:in; its
power, ;. to .•\u25a0 place San .Francisco ; in a
position", to- successfully , compete: with
any % other.,' Pacifi c" coast :• seaport,;, were
commended by ; ' Wheele r, yesterday' aft
errioon. \u25a0\u25a0'" V:^-''-.. '• <~~' .: ..' \u25a0'\u25a0'-.\u25a0" '•
CAPTAIN A. F. LAUD ENS ACK
The Rifle Expert who inspected and sighted Arms
to be used by Ex^President Roosevelt o»n his African trip
St. Francis Hotels San Francisco
\u25a0 -- -- : -.-- \u25a0-'--\u25a0' \u25a0•\u25a0\u25a0\u25a0\u25a0- '\u25a0--\u25a0\u25a0 \u25a0\u25a0 .. \u25a0 .\u25a0•\u25a0\u25a0::\u25a0-\u25a0 : ,:.\u25a0:: \u25a0\u25a0\u25a0 \u25a0 •-'- r -..-\u25a0,..,;.-\u25a0\u25a0 '.. \u0084- \u0084 \u25a0 \u25a0\u25a0\u25a0\u25a0 ...,. \u25a0. . \u25a0 , .. ,-•-'.., \u25a0 . . \u0084.;..
\u25a0\u25a0 "' ' '' \u25a0'.•\u25a0" •-.\u25a0 .' ;r " ; - ' . \u25a0 ' \u25a0 \u25a0"- '-: •,\u25a0'• \u25a0 '\u25a0'\u25a0\u25a0\u25a0 \u25a0'\u25a0"' - \u25a0\u25a0' ' .''. * ';.' . '
\u25a0\u25a0'\u25a0\u25a0';: ; '\u25a0\u25a0'.'\u25a0 : '\u25a0^\u25a0-v^- **'^^ : -' •"* .*^ :•" " \u25a0' \u25a0' ~I '"- j : \u25a0 . '-^r- 9 ' :^^ '^l'A*A^»* ' 'l : m'
From 10 A.M. untiMO P.M. with duplicates of
the Winchester Arms which will be used by
Sportsmen cordially iriyit^ to call and meet Captain Laudensa
who will be pleased to answer a^^^Sions regarding
CLEARING UP THE
CALKINS MUDDLE
Union Trust i Company: Buys for
$ 1 7j500 SeveraL Properties
of Bankrupt Syndicate
Majority of the Creditors Will
t Get About Twenty Cents
on thelDbilar
" ..The affairs Vbf .the defunct Calkins
syndicate '; were practically' wound up
yesterday ; afternoon . by ; the purchase
for ; the; account of the Union trust;com
pany of a '.-"'number. ; of properties for,
thersum of $17,500.: At the : same -time
the Union* trust company assumes sev
eral claims: against :tiie : syndicate, arid
its 'branches. The - intricate ..maze of
finance; was somewhat simplified yes
terday before Milton J. .Green, the Vef-'
eree' In bankruptcy, when; the remain
ing assets ' were -lumped and sold as
a>^ ot) ; lot » -As part ,of "the purchase
price; the. Union trust company sacri
fices | its own -claim .0f.. 5180,000, and
accepts * other : obligations, j which will
make-its total "outlay about; s2so,ooo. •
VARIOUS PROPERTIES INVOLVED
-In return for this outlay; the Heil
man .. and \ associated .interests, "'will
acquire; the control of. the 'Sacramento
Union, the iCalkinsi publishing: house,
the % Nevada. C County publishing .^com
pany,': the ICalkins -•; photo-engraving
company, the Pandex of the Press, the
Pythian Chronicle, and a lien on the
Fresno \u25a0" . .\u25a0_ -'"- ' v: ''•\u25a0I*l
Attorney^ Sidney; Ehrman, -who repre
sented the Union : trust ; company in the
transaction,": said that- no 'decision had
been i reach ed ?as s to ;. the * disposi tlon to
be,' made of ; the \u25a0 Sacramento ; Union.
added that* several, persons had sought
to - lease or) purchase i the . paper, but
that- nothing -had yet been done in the
matter. 7 V ; j ' -..-/'•v;':.'^ \u25a0:\u25a0'\u25a0.\u25a0:./\u25a0\u25a0\u25a0. '•.-"'
'\u25a0'. With! the sale of yesterday, there will
be available in, cash, from -the /Calkins
.wreck the sum >of $27,705.: .The claims
of/; the Union trust company and the
'Anglo, London \u25a0; Paris v national bank
have been" duly. absorbed, leaving'credi
tors^to the^amount of about $100,000
After all/fees' have' been settled , there
will be about; $20,000 to nieetUhese 'ob
ligations. ";• It- appears, \u25a0 therefore,* that
thei bulk of -the creditors" will, receive
20 (cents on, the dollar.'.'; This'is a s better
basis 'of { settlement ; than ; was i at ;flrst
deemed -possible," and 'was : regarded : as
satisfactory /, by -"Attorney// Joseph H.-
Jordan,; representing the trustee.'
v Attorney Joseph Haber, for, the bank"
rupt, had .endeavored for some time
tof flnd[ 5 a basis .of s agreement) and had
co-operated* with Jordan; to :this ; end.
SIERRA -TIMES .-NOT .SOLD r
in the settlement. are; the ad
justment; of Hhe claims •of I the Anglo,
London Paris national ibank in the sum
of $16.0,00; the lien; in the : sum, of -$17.
000 on the \u25a0 Fresno Herald," and an t $1 ,800
claim. of ; the i.Zellerbach paper, company.'
All ',of the/C alkins/ papers -have now
been sold, \ with/ the; exception -of the
Sierra: Times,' \u25a0 the : contror of which- is
pledged .with Grant &.Zindafs to secure
aloan : 6f $10,000. -
/"Even ; with 'the. unusually \u25a0 large out
lay-the.Union -trust company , will 'still
face ,,, further / obligations that attach
, to/the; Sacramento .Union.^/x'aere is -ari :
indebtedness ! to : some fof '. the v banks' ; in
Sacramento > amounting /to $35,000 and
further claims jof $27,000. "*
1TXIOX ; TRUST .COMPAXYc HOLDIS'GS
.The list of assets and claims. taken
over yesterday by the Union trust 1 com
pany ' is f as ? fol 1 o ws : \u25a0 ' .
? 2,500 shares of: the capital stock of the Sacra
mento publishing company.
: 1 175,000 shares of. the common capital stock of
Sacramento. publishing. company. __: ->.;;.
-115.000 shares of. the. preferred capital stock of
Sacramento : pul>lishing ' company. ' \u25a0* . . r . - . - .
"153,415 Blares of the capital : stock . of Calkins
publishing house."-.*;.' • .' -
: i '\u25a0 20,769 shares of the j capital stock of the ' Ne-
Tada'County.publisblns^ompany; \u25a0": " : * v.
- 16.228 /shares of tbo , capital ' stock of the
Calkins ; photo enßrarinj; company.' ' ': •'
> 61,368 shares of t the capital stock^of the/Pan
dexof the Press.- \u25a0 : '4flp&^ysfo<&p&il&sV£iS&£ i 4
.-.4.995 shares of the capital .stock of the Pythian
Chronicled: . ; . >
. 'Claim _ on ; open account . due .to the Calkins
newspaper syndicate; by 'the Pythian' Chronicle;
amounting to $100.' .. : ;";."•/* : .V- ; '
\u25a0 ,' Claim '»; on *,' open . account due .to the ; Calkins
newspaper ; syndicate by Pandex of the Press,
amounting t0: 523,150.93.' " •'>'.;.'•'\u25a0 • — -
./.Claim :T>nv open i' account ' due. to -the Calkins
newspaper gyndica te . by Fresno County, publishing
company, amounting to $lS,32s.o2.'>\.J.'<^feJk£J'3r^i
; ; Claim '; on -I open actount "\u25a0 due \u25a0 , to the ; Calkins
newspaper \u25a0 syndicate by -W. :. F/ Wilkle grocery
company,' amounting. to. ?2,776.27.\ : v .
:- Claim;, on.;, open i account due - to Calkins
newspaper; syndicate (by r'A.VB. 1':1 ': Barmore :of - Hol
llster, I Ca\.',\ amounting : to $1,349.62. - •: -. • : > :;->
*-T Claim " duo i to ' the ; Calkins ' newspajSer ' pyndicate
by i certain | parties I as; represented by ;their prom
issory.' notes. ' as 5 follows : r v : Seattle ; Boston v "copper
company/; oft Seattle. ;; : Wash, note
dated Pccember 1 28. 1 ;. 1907; due \u25a0 February, 2S,'J 190 S.
for )sl2o:i promissory .noteiof'-Alra- fV Gates'of
Marysrille.-'.Cal.f dated October 5.' 1900, due Octo
-ber.o. 1907,; f0r $1,000., .
.The.furniture in the publishing house I
was purchased by N. .A. Dorn for $1,652.
?: DR.^ARBERRY^ ARRAIGNED— Dr. , John J.
\u25a0Arberry] of '• Dr. - Taylor, & C0.,t,721 ; Market street,
was * arraigned ,in Police Judge Deasy's court
yesterday; : on *a J charge iof v attempting * to : extort
$200V.TuIy .: 27' from ; Mrs.; Mary; Tomasini iof \u25a0 San
liuls ;Oblspo on; the : falso representation . that her
nephew.' Ulysses ' Muscio, ": was « suffering -= from
heart ) disease.'; '\u25a0'. The - 1 case ' was : continued • till 1 to
morrow. '.''.*..\u25a0' 'iv ; -. \u25a0'\u25a0\u25a0-:. ~: './.,'• "i" \u25a0 ' • ,"- : \u25a0
POMONA LOSES
TELEPHONE SUIT
United States Circuit Court De
cides Town Had Noi Right to
\u2666 Charge for Franchise '
California Development Company
Held Responsible for Flood
ing of Imperial Valley
The -United - States circuit court of
appeals yesterday that the
town 'of Pomona^ : in southern Califor
nia, had :no constitutional right to
charge the ' Sunset telephone and tele
graph-company, for affranchise to op
erate within the town limits. The court
further "-'decided - that -the telephone
company/ had a -legal right to eredt
poles and establish their service within
"the /town limits, providing the cor
poration complied with /such- regula
tions that might be in force and part
of the government; of the municipality.
- The case ;of "the : telephone company,
against-- the town of Pomona came be
fore higher court from the United
States /circuit.c ourt of the southern
district .ofr the state, , where United
States Judge Olin Wellborn decided "in
favor of Pomona. ; The' judgment of the
lower court is reversed, with", directions
to enter; judgment" fdr the. complainant.
The '/opinion' was /written by . , Circuit
Judge "Erskine M.lßoss and concurred
in'by Circuit: Judge {W.SW. Morrow. \ To
their, judgment' Circuit Judge /William
B. Gilbert dissented; although his opin
ion was not*': handed down yesterday.
WINS BIG DAMAGE SUIT .
After four? years of litigation the
United : States, circuit "court of appeals
decided that the .California develop
ment company was directly^responsible
for. the flooding of the Salton basin,
below. Imperial valley, in southern Cali
fornia, and sustained the .'lower court
in. awarding r $451,746.23 /damages .to;
the New Liverpool salt* company, whose
land' and 1 plant now; He at ;the bottom
ofi'a 4 - lake 80 'mllea'.-long 1 and 75, feet
deep.. The opinion,, which fills 49 pages;
was' written by Circuit Judge TV. "W.
Morrow: and was concurred in by Cir
cuit Judges < William B. Gilbert and
Erskine M. Ross. /The court of appeals
found that the development
had not Installed proper locks and gates
at the takeihs of the irrigation system,
and. not being "able to control j the;
amount of water flowing into the ca
nals - from the Colorado river, j was re
sponsible ; for the floods./
APPEAL IS DISMISSED V
In the matter of Albert W. Cunning
ham, -administrator , of- the' estate' of
Henry H. Cunningham, against James
Linn -Rogers, consul general of the
United States at Shanghai, China, on
appeal "from the United States court in
China, /the ;j appeal .was \u25a0 dismissed..! It
was charged, that Consul General Rog
ers used fraud and unfair means in pro
bating the? estate of "Cunningham. It
,was found that the appeal was not
from the; final judgments of the China
court and could not; for 'that reason, be
entertained. Further ; objection was
found; to the appeal inasmuch as the
action;, was, at law- arid the lease could
only/ have f been brought' to the court
of . appeals ,. 'upon '. a ,writ -of error.
/Relatlveto the suit of the" Holt man
ufacturing' company against the Best
manufacturing company, v for .violation
of icertaln: appliances in the making of
harvesters and covered by patent, the
judgment- of the lower court was re
versed and the cause remanded for new
trial. CBWg
JUDGMENT IS AFFIRMED
The judgment ,of the, lower court , was
affirmed in .the. appeal: of the El Cam
bio gold' mining company against the
Cucharas mining company on a writ of
error. * -^ - :•.
- Edward -C./ Dean, a sailor on the
whaler "Thrasher, who was .not: satis
fied with the judgment' of " the /United
States /district court \u2666 in' the « action • for
damages 'he . asked for harsh* 'treatment
"while in the arctic," .found but little
consolation in appealing' ; to the higher
court.. In an; opinion of ,I(T pages Cir
cuit Judge William ;H. Hunt proceeds
to. infornvthe- appellant; that this treat
ment was/what; he deserved; that he
had proved himself worthless, a trouble
maker and a shirk ;whlle at sea. It was
held.by. Judge Hunt that the skipper
treated him/as he deserved.
The -court /comprised Circuit Judge
.W. : 'W. Morrow. District Judge John J.
de. Haven and District Judge^Wllliam C.
Van Fleet. Judge' ; Morrow presided.
An' adjournment \u25a0 was taken I until Sep
tember 6. 1
SLAYER TAKEN FROM -\u25a0
AND LYNCHED
Mob Hangs Man Who Murdered
a* Farmer
PLATTE.CITY, Mo., Aug. 2.— George
Johnson, white, who murdered John
,"W. " Moore,- a farmer near Platte City,
M 0. . .: June ;~ 20, ; was , taken from jail
early .this' morning by" a 'mob and
hanged toVa 'tree.' .'Johnson's ; trial was
to >haye - begun today. '\u25a0}
COMPLAIN AGAINST
SOUTHERN PACIFIC
Railroad Charged With Extort- -
iing: Extra : Rate for Bag
gage Crossing Bay
Commission Summons
tioh to Appear and Explain
Its Express Business
A formal - complaint; againat th»
Southern Pacific was filed with the
railroad commissioners yesterday
afternoon by L. Ernest Phillips, an
Oakland attorney, who alleges that
the company charged him 25 cents for
the checking of two dress suit cases
on the trip between this city ami
Fruitvale. •
Phillips alleges In his complaint that
for more than 15 years up to June 1.
1909, the Southern Pacific has sold
tickets between San Francisco and
Oakland, Alameda, Berkeley and Fruit
vale at the rate of 10 cents. a passen
ger each way.
He further .alleges that the ticket
heretofore sold for -10 cents has always
carried the privilege of the free check-
Ing of baggage not exceeding 100
pounds in weight, and that on July SI.
this year._he purchased a 10 cent ticket
for Fruitvale at the ferry depot and
that he presented that -ticket with his
suit cases to the baggageman at tho
ferry and asked to have them checked
to Fruitvale.
The, baggage man refused to cheek
the suit cases on the ticket presented
and Phillips was compelled- to pay an
express company a sum, more than $1.
to have his. baggage taken to Oakland.
He maintains that local, passenger
tariff No. 9, claimed to have gone into
effect June 1. 1909. is Illegal and hail
not. received the approval of the com
mission.. He asks that the tariff be
revoked and that he-be reimubrsed for
the money he expended .for expressing:
the baggage. C. E. Ilovey filed a.
similar complaint, although informal.
The commission yesterday ordered
the Southern Pacific to appear, before
it within 15 days after receiving no
tice and show cause, why. the tarii'f
should not be declared null and void.
, A, large number of reports of acci
dents that have happened on California
railroads since the adoption of the
Wright law were presented to the
commission .at . yesterday's meetinsr.
Among them was a report from the
Santa Fe company, telling. of an em
ploye who stumbled over a. crowbar
arid stubbed his toe. The commission
made an order which does not make it
necessary to file a report of any trivial
accidents. An agent for the Southern
Pacific company in one of the smaH
stations, who, is also a notary public,
wrote to the commission wanting tt»
know whether or not he could .rideon
a pass. He was denied the privilege.
1 HOOSEVELT "ATTEITDS CHtTHCH— Nnirohi.
British East, Africa, Xug. R.>i.sfTet£
ywterda.r attentietl the Scotch cbnrvh of Nairobi
and made a donation .to the local Yoniu: M«>n's
Christian association. Tonl-ht he will atteutl a
function at the Masonic institute.
•
GOLD RUN POSTMASTER— Washington. Anz.
2.-^Jame»D. Stewart was. today appointed pout
i master at Gold Ran, Placer county, «ice U. B.
Crane, remored. :,
NEWMAN & LEVINSON
THE
IBiß^B if
' -\u25a0\u25a0 H "- \u25a0
V
JL \u25a0 Jo*.
I jttl JL-* KHf
10%
* ' - ' *T*/*^\"'
' ' ' '
* \u25a0 v -
From
Marked
Prices
This sale affords an un-
precedented opportun-
ity for obtaining mer-
chandise of standard
quality at important
economies.
Mm
VAN-NESS AND SUTTEE
7