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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, April 26, 1910, Image 18

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Judge Again Declines to Dismiss
the Cases Against Graft
Declares No Arrangement With
Fickert Shall Control the
Courfs Action
'The charge that District Attorney
J-ickert has an "arrangement" -with
Patrick Calhoun and the three other of
ficials of the\United Ilailroads indicted
for bribery to bring about the dismissal
<Jt s tlic eases was made by Judge Lawlor
.yesterday. Fickert angrily protested
against what he termed the gratuitous
insinuations of the "court, but was
sternly directed by the judge to cease
Jalking. In a further exchange Judge
Lawlor referred to "the peculiar cir
.ouiustances surrounding the district at
torney's office."'
:'. : The tilt between the court and the
district attorney followed the refusal
:-of Judge Laulor to grant a motion
•.fhade by Attorney Stanley Moore to
\u25a0HiJßC&lss all the indictments against Cal
•-noun, Tirey L. l-'ord. Thornwell Mul
..laily and William Abbott. Fickert,
. .ivjiose motion to the same effect was
videni/ed by the court some months ago,
. : announced that lie had nothing to offer
Jin- opposition to Moore's motion.
.:\u25a0; .After citing the law relative to the
; dismissal of indictments, Judge Lawlor
; isajd:
'..\u25a0". The court is of the view that as
y^.f-ar as the determination of the aio
•': tion itself is concerned the onus
•••.; 'is on the people to show good cause
.-; .which would take the case out of
.;.• the operation of the constitutional
.provision and the .statute. In the
". view which the court takes of the
:\u25a0\u25a0.' -general attitude of thp district at
j torncy the court feels that this is a
\u25a0\u25a0,';Gase where it must act. and to the
"' Extent that may be needed, to pro
\u25a0\-tect the public interests. The
-'• . Viourt has judicial notice of the his
. Tory of the charges against these
; ::.:'four defendants. It knows ju
'•\u25a0 dicially that a. material, and, it is
:. : '- claimed, an indispensable witness to
-..l'he prosecution of tliese charges is
";\u25a0 -without the jurisdiction of this
..;•' State. It is not prepared, on any
V-.-..evidence before it. to charge the re
;-. .sponsibility of the absence of that
-- -;. witne«s either to the former admin
r'v-istration or the present administra
..- I lion in the district attorney's office,
i '. • It Is not the intention of the
:: v-'t-ourt to disregard the rights of
• \u25a0 ".•this or any other defendant, but it
;\u25a0;.-'»»\u25a0 likewise the disposition of the
;..•"\u25a0 c-o.urt to see that the public inter
\u25a0>:jesta are safeguarded, and that no
'\u25a0•arrangement between the defendant
:.". and the sworn officer of the law
" -shall be suffered to direct and con
. trol the action of this court. And
\u25a0'\u25a0 in that view of the matter the
• court has reached the conclusion
that it is its duty to continue these
causes further to see whether the
.-..missing witness can be secured.
. ' The determination of the pend
ing motion is continued till 10
. a. m., Thursday. July 14, 1910.
.." Fickert was on his feet immediately
:«fter the judge ceased speaking. He
; : "- I desire to take an exception to
: the remarks of your honor about
•" nn arrangement being made be
;' ' tween the defendants and the dis
• v trict attorney's office. Your honor
has, on different occasions, gratu
: itously made insinuations against
• • me. and the conduct of this case
. "\u25a0 which I think are uncalled for, and
\u25a0';' which I do not intend to stand for.
\u25a0 ''.\u25a0Your honor during the hearing of
:.' these various witnesses has pro
. \u25a0 "pounded —
...Here Judge I^awlor interrupted:
':;\u25a0 Just a moment. Mr. District At
tbrney. When I direct you to cease
' 'you will do so. Every statement I
• \u25a0 .have, made I have made advisedly.
'" I intend, when the proper time
" \u25a0\u25a0' comes, to place in the records of
;' this case the court's judicial views
;\u25a0 as to the situation in which the
•.court !s finally called upon to act.'
• I do not propose to do that, how
' -ever, until I have given you an op
. ' jiortunity to makt clear whether
.•\u25a0•\u25a0• or not the apprehension of the
.• .\u25a0court in respect to your attitude
.". toward these particular four de-
T • fondants is well founded. And at
.-•this time I will hear nothing fur
•£• rtber upon the sub>ect. .
0 .'"Fiekert replied that he wished the
Tjiidge would refrain from "any such
: .FPmarkp," and said h<» was *g-oing to
\u25a0 'fMjt. in accordance witll the constitu
: ilpa and the laws.
/.'". :*^The court," rejoineA Judge L#awlor,
v. ; will discharge Its functions .within its
:yfeaoep.tlon of what its duty is, whether
' tir« • performance of that duty meets
*wjtth, the approval or disapproval of the
; district attorney or any other person."
-..:-" '"And the district attorney will do
.•likewise," said Fickert.
'V Attorney A. A. Moore then voiced an
'' rejection to the court taking the mo
.t'ion under submission "in the absence
Vif.any showing or good cause against
-th> application."
f- To this Judge Lawlor replied:
...- \u25a0 The court has made it clear, it
trusts, that it Is the peculiar cir
" . cumstances surrounding the office
• of the district attorney that con
strains the court to take the action
r —^
Tuesday and Friday
From 9 o'Clock Until Noon
—— — — .ZZZZZZ
-lariioc' The
UOlVa Natatorium
Day at T of ; he
' Lurhne
clurline . salt
n ti^ Water
DuliiS I Baths
t Is Reserved Exclusively
for Women and Girls .
\y Bu 7 h and Larkin Sts. X
A Remarkable Cure
•, •' .^sesnftaw "M*yerle*# German Eye-
' /*S9^^?9Bfc water gav^ tat Jnrtsnt re-
,> Sf^^S^Sfc^W lief and effected a care In
£p?jfeßtS&: 1 . f two dar*." MISS BON I-
p^/!*fflft', FACIA YON tCUT. St. Jo-
W'i^^^^^" wph's Uospltal, San Fran-
— At druggists', 00c, or send 65c to George
~" Mayerle, Gera-.aa Expert Optician, - 080 Market
. »U, fits Fiesciico. '
Commercial High School
Seniors to Give Dance
Three of the officers of the senior class of the Commercial high school,
which is planning ball.
it has. The statement made by
counsel in refernce to 'the action
of the court would be soundly made
under, conventional circumstances,
but the court is not dealing with
The motion to dismiss which pre
cipitated the judge's criticism of the
district attorney was made upon the
ground that the cases had been con
tinued more than 60 days last past
without the consent and over the ob
jections of the defendants. For half
an hour Stanley Moore cited law and
precedent in support of the motion, and
then Judge Lawlor asked District At
torney Fickert to state his position.
Fickert replied that the only reason
that could be advanced for further con
tinuing the cases was the absence of
James L. Gallagher from the state, and
I at this time do not wish to
assume responsibility for his dis
appearance. Whether he shall .re- •
turn or not I can not say. Ido
not believe that the district attor
ney's office would be justified in .
asking for a continuance of this
cas.? until the return of James L.
Gallagher, and upon the testimony
and upon the law as. stated here by
Mr. Moore I am willing to submit
the matter to your honor's judg
ment. ' , :'
Judge Lawlor then pronounced his
decision, referring to the "arrange
ment" between the district .attorney
and the defendants. _,
_ -^^& An. .Invitation to All
iMOzW To Witness the First Demonstration in San
Francisco of the Greatest Culinary Triumph
I^SQl^^^ 22^^^ Stockton Street Windows
V^^iimlllmr/////// "This will be the first practical public demonstration ever made on the coast of the NEW IMPROVED "CALO-
V-^'-fK/ I IHT 'I I if/ RIC " FIRELESS COOK STOVE. While based on the same.scientific principles, THE NEW IMPROVED "CAL-
C-^WpP/^f/ W ' I ORIC" IS ENTIRELY DIFFERENT and superior to the original "Caloric" or any other Tireless cooker offered
<^\ J ~\Mrii{'\i Hill I ky any other individual or firm. We arc the sole agents and have arranged for the presence of Mrs. Harriet
A vMslk\ li/lIP' '\u25a0 I Fortlage, Demonstrator. 'We' carry a. full line 'of the "Caloric" cook stoves, including the new cabinet "Caloric."
JwK wllil%\illHm which occupies the space of an ordinary upright piano and does everything that a coal or gas stove can do with-
/y*^\ \nMw\\ ' I I ou * nca^> smell, burning or overcooking, and at a saving of 75 per cent of the fuel bill.
I iVml ' l cs ' Roasts, --Boils, Steams and Stews
|| j llmU/^l|i jj If Under the "Caloric" patents this modern kitchen marvel is brought now within the reach of'all.
, U| $M> $15.50, $18, $20, $24.50
111 lliil^fiSS Kitchen (tO XC% .Kitchen &A C/\ Kitchen Chairs .
flilf'-liJ " Tables Cabinets $HwU or Stools, each OOC
||r lllllfe.Mll "'-:" '- : Kitchen Cabinets with If 1 : A Cuisinette Com- , {^A
ImlifeiilL "'\u25a0 \u25a0 Com P artmentTo^ ; -;^.*^ - bination Tables $<fV
i/f' 'Alilllf* «" til 1111111/ Combining Cooking, Library and Dining Tables for Flats, ApartmentvHouses, Bungalows or Summer Homes.
<^^t >¥ 1 WVm y Yer V Suitable for Cg\ \u25a0f T_ Linoleum *9 C T> -
Kitchen Use, each JUC \J p Kitchen Mats (J C KLSLCuI
ROXBURY BRUSSELS CARPET Best $ 1 .75 Body Brussels Carpet,
The only 10-wire trademarkedvTap. Art/* Pei: (tl l!i Dor Yii»ll
estry; two black lines oh the back Qv/v Yard W I •&** rvl 1 aIU
Important Sale Scrims, j ' .'\u25a0:; Craftsman Scrim Curtains Imported Cretonnes
Choice of- 40-inch : duplex colored ''washable' -48 inches long, full. M \u25a0> New-designs, 31 inches wide,
scrim, plain- ivory, orifancy ivory \^ C^i:' C : 3 Yards wide- > reiru-* \ 'C'Tt- *f 'fT'Per ."•• ''£"':;' • m -<j . >WeW c «
li^pifefe^is&i 2sc ; ; h^| Sir!?" >J>.< >pair Reduced to 60c Yard
Mrs. .Fannie C. McCreary, sister of
Henry J. Crocker, who for nearly live
years has lived apart from her hus
band, Robert C. McCreary, filed suit
for divorce yesterday. "Although Mrs.
McCreary is. worth upward of $100,000
in her own right, the ground upon
which she seeks divorce is her hus
band's failure to provide her with the
common necessaries of life.
McCreary is in Arizona, where he
went at the time he left, his wife in
1905. Mrs. McCreary has been abroad
several years, but recently returned to
San Francisco. She is a daughter of
the. late Judge Clark W. Crocker of
Sacramento, and from him inherited her
property. Mrs. -W. C. Van Fleet, wife
of Judge Van Fleet, and Mrs. Fred
Green are her sisters. | The late Mrs.
Samuel Buckbee was another sister.
- McCreary is a member, .of the well
known family of Sacramento. He mar
ried Miss Crocker in this city April
18, 1896. They have no children.
Elaborate Affair Will Be Lead=
ing Social Event of High
School Year - \
The senior class '.of' the Commercial
high. school, which will be graduated
Uu June, will give a dance Thursday
evening at Golden Gate Commandery.
hall, which will be the leading social
event of the school year. The alumni
of the ; school i have been invited \u25a0 and
every effort is being taken to make
the affair unusually elaborate.
Those in charge of the dance are the.
following officers of the class:
President, ICdmond Herrsi.-her; first rice presi
dent. Miss Kiliim Garret; -second Tlce president.
Miss Laurie /Holmes; secretary. Mins (.Jr.-ice
J,«okart: treasurer. Miss Myrtle Levy; and also,!
Albert Johnson. Frank Radford, James Taylor,
.Miss Rose (ioldtnan. Miss Myrtle Levy, Misa
I-Mna Monnlch. . Miss Edna Long. Miss Minna
Burnett and Miss Minnie Sellngcr.... .
Hall Decorated in Foreign and
American Colored Posters
Illustrators' day was held at the-Ccn
tury club yesterday afternoon at the
last meeting of the club year of the Pa
cific Coast women's press association.
The hall, in honor of the -occasion,
was decorated with English, French,
German and American colored posters,
and , with' masses of pink and white
The program, of the day was under
th direction of Miss Josephine Blanch
and Mrs. Percy Weeks, the latter de
livering an address on the poster art
of the world.
The meeting on May 9 for the an
nual election of officers will be fol
lowed by the annual breakfast at 12:30
"Two souls with but a single thought;
two 'hearts that beat as one," mur
mured Police Judge Conlan yesterday
when two men-namid John F. Heart,
charged with vagrancy were called,
but only one answered.
"Where were you arrested?" asked
the judge, and Heart replied, "I don't
know: I was drunk."
Policeman" Heaghney was the arrest
ing officer in one case and Policeman
O'Kcefe in the other. They both de
clared that the man in the dock was
the person they arrested, which deep
ened the mystery. The cases were con
tinued until today, when • Policeman
Healy, who was on tha patrol wagon
yesterday, will be asked to appear to
see if he can throw any light on the
\ \u25a0. • \u25a0 ;
Notable Gathering in Interest of
Working Women to Be
Held at Palace
Continuing her work in behalf of the
working , woman, even whilo on a sup
posed pleasure trip, Miss Anne Morgan,
the daughter of J. Pierpoht Morgan,
/willrinect . with a number of the labor
leaders and the women workers of the
city Wednesday evening. to discuss the
formation of a woman's label league.
The i gathering will be at the Palace
hotel and among those who are work
ing busily to insure a goodly attend
ance are Miss Maude Younger, vice
president of the waitresses* -union, the
other officers of that organization. Mrs.
Elizabeth Gerberding and Andrew J.
Gallagher, secretary of the San Fran
cisco labor council. ; ...
Miss Morgan is deeply interested in
the progress of unionism among women
and the label league goes for the
spread of the trades union among all
branches of women workers. She will
address the gathering Wednesday
evening-, setting forth something of the
advantages gained from it in the east
ern cities and will explain its method
and conduct. Speeches will be made
also by leading labor and social work
ers of the city and it is probable that
a general discussion will follow. Def
inite steps may be taken also for the.
formation of the league, although that
may be deferred until a later date.
Miss Morgan is strongly averse to
publicity as to her work in behalf of
working women and to only a few has
she confided her plans for the campaign
she will conduct here.
She leaves for the east in a few days,
but she will take time before her de
parture to make a thorough investiga
tion of the condition of working <women
here. She is an officer of the National
civic league, which has a branch on
this coast and which deals with* the
amelioration of the lot of the laborer
from the s.ide of the employer and the
man of wealth.
Mrs. William H. Crocker, president
of the California section of the Civic
league, is in Europe at present, but
Miss Morgan will, it is said, look into
its .work here with other officers.
\ \u25a0\u25a0 \ •
accused of enticing Kugene Kou Into bis room
and robbing him of a vratch and scarfptn last
Sunday night, was arrested by Policemen
! Wright au<i Harrigan of the O'Farrell street
fetation lust night and booked on a charge of
graud larceny. The stickpin was recoTered.
holders* liability action brought against the
stock holders of the Ocean Shore railway -was
"continued in the United States circuit court
yesterday for one week. The continuance was
! asked for by counsel for the stock holders.
Self-Styled Guards Are Found
Armed With Guns, Pick
Handles and Clubs
After a prolonged and bloody tight.
Lewis A. Smith and Vaughn Greek, who
say they arc watchmen at a hotel un
der construction at O'Farrell and Jones
streets, were ' arrested yesterday by
Detectives David Sullivan and Jacob
Nelson and charged with carrying con
cealed weapons. Both were armed
with revolvers and, in addition, with
pickhandles and clubs.
Captain Henry Gleeson was notified
that the men were- guarding the .work
men on the building -which, it was as
serted, is being j built by nonunion
Gleeson was. told that the two guards
went around heavily armed.. When
the detectives arrived to search the
pair they were given a hard fight-
Great Values In Ic> ij- a >ho/-»iji%toi^i I Store Opra Sattir- '
Women's Mioos I ES» IVA 1 dWnil^OrVl I d ay >| K htsi Till 10,
825 Market St., Opp. Stockton, Commercial Building
Women's Golden Brown Women's Patent Colt
Kid* j|/^ Gibson Ties
4.•• / shoes iS^llSv C«t QE
wraN^N^ \Button and
Isil X^/\®'^ Blucher they're woxdkrs at tub
i Styles Patent colt with dull kid t»j»-*:
two xs*>»^ "bort vamps; extenjilon «olej»r Cuban
SPIKXDID heeN; larce eyelets; .wide laeen.
«d p Mmgy "en": 10 " " ole " ; Cubaa BUTTON, O^h
Women's "Covert" Canvas SHOES \t I
/^l^Outing Oxfords $1 .00 J +} \
ABLE LOW White K<«ea Inland" Canva*:
CUT FOR w .^. mn^. . . . rounding toe»; extension *ole»; »ir.ei ,
YOUR COL.\TO\ WALKS « to N St.OOr«I»e» ft), toll. fK23;
Good Kraile of caovai < pepper and m \,. e * Jl«^ to S, *1.r.».
\u25a0alt color); rounding tipped torn; Yuuns ladles* »lse», 2^ to 6, »1."5
' weived extenalon wolf, Cnban heel*. " '
"Natura jf <A * f ScflOOl ShOBS • ,^^^
ShapC ' I *^/ *tf f%f% P^ \
Button Shoes 1$ 1 $ J .00 Jfi V
, shade * °o« t-SSS^*^ STYLE • \u25a0%^~**s£2^ A \u25a0
vici kid* U\BS. The kind of shors that don t mrir
hand turned soles; they're* as' Rood °«* ltt « hurry; -Full «haped" twe<<;
an they're pretty. double sole*.
SizeH 1 to r.'/i (without heels) . .75e Sizes O to - *1.00
• SUes 4 to 8 (spring heels) ftl.oo Sizes '-V- to ."Jm 9VZ*
Consistency in
Piano Selling
To every purchaser of a piano at any Allen store,
whether it be in San Francisco, Los Angeles, Reno,
\u25a0 . Nev., San Diego, Portland, Ore., Santa Rosa, or at
any of our many branches or agencies, is accorded the
same courteous treatment, the same square deal, and
the highest possible value at the price paid. There are
no haphazard methods, no misunderstandings,' and no
misrepresentations are made by any manager or salesman
in our gigantic organization. Every customer is fairly,
squarely dealt with, every piano truthfully represented,
and sold for just what it is and with a positive guarantee
as to its quality and its permanent value.
jrii Buying a piano at our House is a safe and sane in-
%j\ vestment, because there can be no question as to
quality, no misgiving as to price, no doubt as to the
durability of the piano, or the character and integrity of
•the House of which it is purchased. Whether it is an in-
strument at $200 or one of the highest priced on our
floors, it is honestly represented and its value un-
. The same methods and policy are in effect in our
;^J|; new talking machine department (Sutter street
side), where may be seen and heard the very. latest
in Victor and other standard machines and records. It's
a -ground floor department, most handsome and most
: , . . -- -- - ' \u25a0 -.- \u25a0 - - - .--v..- •\u25a0\u25a0\u25a0\u25a0- \u25a0-\u25a0\u25a0\u25a0 \u25a0\u25a0 ,- -—_-..-
1 35-153 :KEARNYr-2 1 7-225SUTTER ST.
>; . Othei atores— Los Ancelrs, S^crsmrnto, Saa Jose, San Dlrffo, Stockton;
Phoenix, Art*.; Reno,- Xer.; Portland, Ore. . .. • ,
TUESDAY, APRIL 26, 1910.
Flabbiness About Cheeks 1^
Superfluous Animal Fat
Flabbiness about the cheeks is super
fluous, expressionless anima! fat. due to
malnutrition, provoked by a disorgan
ized nervous system. The bands of rib
bons of fat can be tightened up Into
muscles by local exercise — i. c.. bpndlns
the head in as many directions as the
anatomy will allow. ,
To arrest further deposit of this dis
figuring tissue the anti-fat treatment is
prescribed. Which excludes or rvduees
the supply of foods containing sugar
and starch, and includes systematic ex
ercise, temperance in eating and drink
ing and absorbing occupation, says th<? .
Family Doctor. As the nerve force is
small, the system needs nerve fn<vi 3 la
the shape of light tonics and a dietary
that yields sufficient nourishment with
out overheating the blood or overtaxing .
the stomach.
A cool, clean atmosphere, with abund
ant fresh air day and night, to cloans«
and" Invigorate the lun«s: water In
quantity for Internal and external use.
to free the skin of its impurities, aro
indispensable. ' Besides head exerci3.-\
a little alum, alcohol or benzolin* uso<i
in the water will tend to tighten th<s
skin and sea salt or ppsom salts will
neutralize some of the oil below it.
An English newspaper says 120 pan
tomimes are running in London.

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