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8 EVENTS IN THE COUNTIES BORDERING ON THE BAY OF SAN FRANCISCO COLE ACCUSES HIS FAMILY OF FRAUD Suit Is Instituted to Have Mother's Will Set Aside -• •• • • • • oIUvLAND, Aug. t: — That his sisters, KateE. and Lily- Cole, and his brother, Charles P: Cole, used fraud and undue influence over their mother, • the late Mary., P. ' CoVe,. is alleged in a contest brought against the Cole will today by William. EL Cole. The estate involved Ai alleged by the contestant to be worth fjo.o;ooo. - .-^Cot only did his brother and sjsters use -fraud and undue influence fti in iducing Mrs.' Cole- to make a will in "favor of .her daughters, does the con testant allege, but he declares, besides, that : before her death she was per suaded, in a similar way to dispose of iraiich. valuable property to his brothers and sisters. Mrs. Cole died a few weeks ago. 'at the- age of TS years. Sh.e was the 'widow of Dr. R. E. Cole, once a prominent Oakland dentist and, for a time president of the # board of educa tion,' -... . The will, which is contested, is in the form "of a letter. It begins with en dearing words to her children and gives vJrjtuatlly all her property to her daugh tejf, saying that the. herself had known w-hai'.it was. to be a woman dependent on; others anet did not wisli them to >ufTer- the same fate. There are inter lineations and erasures, to which Wil liam.R.'Cole points with, suspicion as eJwwing that changes may h/ive been made in the Instrument since his moth er's .death:. \ .- • . 'A'few daj-s after his mother's death William R^Cole asked to be appointed .special administrator; of "her estate, al !f?;i3ig that "his sisters were taking- pos *esfiofl' of it without the formality of probato. 'It was shown. ln Judge Wells' Avjurt that mucJiof. the property had been given them by their mother In ;the letter's litetime, and Judge Wells ifefused to appoint .the" contestant ad ministrator. The hearing was con .tinupd until toda\vbut was again post poned r today imtil August 17. FACULTY MAN TO JOIN ; .:.;\u25a0 THEOLOGICAL SCHOOL ; Dr. VV. F. Bade Soon to Return • / .• From European ""Trip • EERI*ELET\ Aug. 2.— Dr. William FrMerick Bade. the faculty of the .Pacific theological seminary, an arch aeologist • cf . note, will .return to this cHy in a -few days after a year spent in iatjropeV He will, join the faculty of the. School, for the opening of the fall '.term, . A-UicVst 22. In addition to his regrular' lectures, "a new course will -PT°ba>>ly':rVe-bVg:un by him. ' •"•Dr. -j.\.-W. nuckharn.' ".professor of theology;- will b<» absent on leave dur ing itJ»e VonMner t^rm. He will attend the' fall, fouijcil of the Congregational chujvh, hi^l will- make a .trip to Eur op**: His. plaochas njet been filled yet. » "Xb*i . Baptist .theological j seminary, . M- : lric'h .will open shortly, will have a I>.ciilt> additiQi) in.- Rev, E. A. Wood, former pastor of the. First Baptist church bt Part' Francisco. ..but recently :at Ne-w^Jerscrv \v«io Will take the chair - or . Fj-stemartin itheology. * DAIRY REfjULATIONS TO - BE ENFORCED STRICTLY Health Board of Alameda Takes «;,•..,' Petefmined Stand .- ALAMEDA. -Au«r- ' 2.— Because the report /\*)t \u25a0' Dr. Tom Carpenter, city 'ni.iTR/.and food inspector.- showed that ;t he . condition-sin four dairies supplying ;rtjiik-inr..;.AiapV.eda..Jn*ere insanitary last rne-ntTV," -the • board of health has de cided- ofl; a Ftrjcter enforcement of the. daYrS'.fegulations. Copies of the regu- Jations are' to-:"be jnvailed" to all of the proprietors- of .dairies, furnishing milk her<"v- together with a- letter in which dairy managers will, be notified that an.y- future, vfnlatjons of the regula- Jioos 'will ; be severely dftalt'with. The violators of the will be de prived of th« privilege, of selling milk in -.this city. ' • '.' BOARD iOF HEALTH IS .V. V NAMED. IN SAN LEANDRO .Trosteei Appoint New Sanitary • "Officials to Fill Vacancies •\u25a0 • \u25a0 SA> r liEANDRO', Aug. 2.— Dr. George • \u25a0L. Cpleman. John L. Graves. P. C. Du .,t>rtfs;: Robert -H. Goodwin and Budd ''Eber .were named as a new board of : t lifaVth- last flight by the board of trus .".X.*-**.'. \u25a0-"•"• - ' When the .policy of retrenchment in pitfnicipal "expenses was -adopted sev \u25a0**\u25a0* months ago. the board of health • official* were dismissed, together with i a .number.- of other?. Since then some : of .these have been reappointed.: ; \u25a0 .Thf- trustees also authorized the '^opening 'of Sybil avenue between Sa-nta Clara and Grand avenues. LADIES', NIGHT WILL .^ BE FEATURE AT IDORA ..Progress and Prosperity Com .' 'mittee to Give Party -". ; : -. OAKLAND. Aug. 2.— The progress and- prosperity committee of the cham . her. of commerce will give a "ladies' night" at Idora park Friday evening. • Besides the special concessions there • \vill be a banquet, which will be at tervded'-by prominent businessmen- and thfir wives. There will be toasts and .speeches and a 'theater party at the .oi>era. The affajris In the hands of :<V F* Gorman, chairman; Charles F Cole. A. I* GiQrhard, I. W. Phillips, J^ O. Mielke and G. C. Barnhardt. NEW PASTOR ARRIVES FOR ALAMEDA CHURCH . Rev. C. L. Mears Will Preach "' . First Sermon Sunday ALAMEDA, Aug. 2.— r/v. C. U *Mears. the newjy chosen pastor of the First Congregational 'church, has ar rived'here from Reno with his family an<J will preach his nrst sermon Sun day morning." He was, until recently, • pastor of the Congregational church of Reno. Mears succeeds Rev X Potter Hitchcock in. the local pulpit. The last named resigned in December tand is now pastor, of a church in a southern California city. | Marriage Licenses '\ | OAKLAND. An*. 2— The. following marriace lir«»nMTß were ismed todajr: *-— ' \u25a0- William F. Bsrnum. 2(5, Sao Jo»e. and Olltp M. Morrtsh, CS. BerV«ler. _ Christ P. - Nor. 20, and Anm A. Mohk, 20. botb "t Ha j- ward.: . :. • Benjamin K. OrxJLin, S5, and Tcrrca Snow, 30 both ©f Oakland. - - ; ; . ' Cb*rlr* R. WorthingtonV 40. and- NelK* ; Brt-' low^s. 33, both «>f San Franclscoi. \u25a0 > Atwell C. W>bb. 33. Alameda,- and Matilda SchcliT. 25. Oakland. - - William, Barrick. 32, San Francisco, and Irene Rw*e., 32, Spokamv . , Herbert Martin. 49. and Anna For. 40. both of Alsiucda. Councilmen Spare Oak When Women Stay Ax Councilman Fred Li Krumb and tKc .oak tree in Alameda which TV as saved from destruction. i r FIGHT TO SAVE OLD TREE WON Alameda Officials Decide to Let Living Landmark Remain in Street ALAMEDA, Aug. 2. — That a prayer for the life of a spreading old oak is as potent now as it was in the days whjen the poet wrote, "Woodman, spare that "tree," particularly when the prayer comes from women, was proved tonight when the -city council recalled the order that^it made two weeks ago that the ancient oak in High street be felled. When the sentence was pronounced on the living landmark five days was fixed as the time in which the order was to be carried out.' The lovers of the old tree got busy immediately and through the efforts of Mrs. Evelyn Webster and Mrs. Louis H. Sharp peti tions were placed in circulation, and hundreds of signatures obtained. Mayor W. H. Noy and Councilman • Fred L Kxumb, chairman of the street com mittee, to which was allotted the duty of carrying out the sentence against the veteran oak, consulted, with the result that a temporary stay of execu tion was granted. Tonight the stay was made permanent when on motion of Councilman Krumb the original or der made by the city council was "re called and "-the matter referrred back to the street committee with power, to act. \u25a0 .. » -.-r--- : That the oak will not be destroyed was declared by Councilman Krumb to night, despite -the fact that nearly 200 persons signed a petition prepared by John McCauley asking that the tree be cut' down. " "It appears from • the numerously signed petitions that a majority of the residents of Alameda are tree lovers and that they desire the old oak in High street to continue. growing where it has been "for a. few, hundred' years," said Councilman Krumb, "As a' repre sentative of .the people of, Alamedav I mean to let the ;\u25a0 people have , whatahey want,-"and my colleagues'on the council feel the same way about it is'ldo. It has been claimed that the High street oak because of its location in the street is a menace to vehicles. Xo accident ever has occurred there.. The "city maintains a light onithe.tree at;night. I am in' favor of. having throe lights on the tree. There would then be; little danger of vehicles ; striking the - tree. The women of Alameda . made a' strong and a winning fight, that Uhe old tree be spared, and it is principally due to their, work that the council decided ;to recall Its order and permit.- the r oak" to continue a thing of beauty and a pride to the city." \u0084V . . .\ . IMPROVERS FAVOR THE ' PURCHASE OF MACHINE North Berkeleyans Want i Com bination Patrol and Ambulance BERKELEY. < Aug. 2.— The* j North Berkeley improvement club went -"on record last night as favoring the pur chase by the city, of a, combination po lice'patrol and ambulance.;. President Victor J. , Robertson ;* of the Li club .: will confer with ' : the council on the i matter? \u0084 F.v D. Chase; >v North' Berkeley 'capi talist,:, was t appointed., by.j the\clubSas" a committee of one to- investigate -the proposition to.;establish a' free market in : the'north r end." •;"•-.-;'..'\u25a0 ::_ ; It was;suggested that'.tlie"'municlpal wharf might-be^ used to land -garden truck-from rjyerpoJnts. ' : ; : -\u25a0\u25a0-\u25a0-'- \u25a0\u25a0<r- THE SAN FRANCISCO CAL^ WEDNESDAY; AUGU^ BEE INSTRUCTOR TO LEAVE CAMPUS Expert to Join Faculty t)f Los Angeles State Normal as Professor BERKELEY. Aug. 2. — Ra,lph Benton, for the last five years connected with the department of agriculture" of the university and for three years instruc tor in the department, has resigned hl« position to become professor of biology and agricultural nature study in the Los Angeles normal school. He will as-> sume his new duties about the nrtddle of September, when he will- leave here. Benton has done efficient work during his stay here and has accomplished no table work in his investigations of bees and their habits.- He has a. book on the California bee under way, which will be one qf the most- complete vol umes on the insect; ever written of con ditions typical in this state. . : Since coming to the campus Benton not only taught apiculture to university classes, but was also a student himself and took degrees of bachelor of science and master of science. \u25a0 5 On account of the lapk of Instructors in apiculture his loss will be heavy one to the department. COLLEGE PRESIDENT V TO BE EARL LECTURER Dr., Henry C. King Will Address Berkeley Seminary BERKELEY, Aug. 2. — President Henry Churchill King of Oberlin col lege, Ohio, has been announced as the E. T. Earl lecturer before the 'Pacific theological seminary for this year. Prof. King js\ well known in educa tional circles and is tho author of sev eral books .: of an educational and spiritual nature. Among his writings are: "Laws of Friendship, Human and Divine," "The Seeming Unreality of the Spiritual Life." "Personal and ; Ideal Elements in. Education." ' The lectures will be delivered the end of this month. : J PIONEER MILL OWNER BREAKS COLLAR BONE John Everding Meets With His First -Accident in 56 Years ' BERKELEY, "Aug. : 2.— After working for 56 years in h^g: Berkeley grist-mill In West Berkeley, John Everding-,: aged 86 years,; who enjoys, the distinction of having established the ;flrst i manufac tory/in this city,; met ,withr his first ac cident a* few > days ago -and is 'confined in the.Roosevelt hospitalwith a broken shoulder, bone. He flipped { down stairs and fractured- his r shoulder." The - grist mill ;. was established .in vlSfli- at .1901 Second street, West' Berkeley, and has been : in operation since then.' "; ' , llu IlliwfiiJ 1 fILLIiU -^^fel A LINIMENT FOR EXTERNAL USE. No woman who bears children need suffer during fmtfn!*- *l the period of waiting, nor at any time of baby's com- vWjjSrs*^ ing, if Mother's Friend is used as a massage for the ujl^^^G muscles; tendons and glands of the bo^y; Mother's F^nd is a pe^ tratmg^ healthful U^ and renders pliant those !\u25a0 muscles ori\ which t^estram is greatest, prei vents caking of the bj[} keepingf the) ducts?openy andSelieves nausea, backache, f numbness, nervousness, etc. Itsregular use SyiU ! prepare every^pbrtion of the system for the s^6osibotKmotiitf r ind\ child^and^ greatly •reducejthe pain an^'dangeriw^n ;ona! :^?! lie^- : : Mover's Friend is sold ; at drug stores. Write for our free \ book containing valuable information for expectant mothers. ; ' $10,000 BOND FAILS TO STOP SENTENCE Judge Brown i ßefuses "to Grant Probation to Man Con victed of Forgery OAKLAND, Aug. 2.— ln spite of an impassioned plea' for mercy for his son, made by Orville Moore of Berkeley, who > offered; to put- up a;. $1 0,000 bond for his. son's, future ; obedience to \u25a0 the law, 1 Judge Brown today sentenced the young man (o San Quehtin penitentiary for two years for, forgery. : : The^. elder. Moore's plea was: joined in by Probation-; Officer, Ruess and:Chlef of Police; Vollmer of Berkeley,; both of whom ; recommended " probation, but without, avail.- Judge Brown declared that young Moore had repeatedly ; been^ placed on* probation, only to break it andcommit crime -agaln>-' Brown said that under the circumstances" he did not consider him a fit subject for pro bation and | that society needed - protec tion .against such law.- breakers. Donald Moore .was conyicted.of forg ing* Southern .Pacific railroad passes. Evidence taken J in the: case showed that he had made several trips between Los': Angeles and - San ' Francisco on passes which he had made out .himself on blank forms he had stolen from the company's'offlce:. Previous to this he had come in. conflict with the authori ties by; passing bad checks, on the pro ceeds of which helived for some time. EXTENSIVE PLANS FORMED FOR PARKS Commissions Make Their First Formal Reports on Works of Civic Adornment OAKLAND, . Aug. 2.— The first an nual- report issued by the park and playgrounds commissioners in the form of an illustrated pamphlet, recounts the work accomplished by the two bodies, and the plans for future park development, which are being carried out under :the; direction of Landscape Architect Prager and other attaches of the departments. The park commission report follows: "Under the able leadership of the city's landscape architect, Oscar Prager, every portion of the city is being stud ied and those places best adapted for parks are; being noted, the most pic turesque-connections between existing parks are - being mapped and the in dividual 'treatment, which each- park should undergo will be recommended. The acquisition of Mosswood and its connection with Lakeside through Oak land glen and Richmond avenue,- is receiving careful consideration. "No city possesses greater possibili ties in. the development of an enchant-; ing driving park through Indian" gulch and Dimond canyon, and while thero is no intention at^ present to acquire these lands, they are/ 1 , nevertheless, be ing given consideration in the general plans for the future' and will in time be made; to contribute their parf to ward enhancing the value of the whole."; "-'\u25a0!..\u25a0.' ' \u25a0 • . : : .;; The- utilization T-.bf Lake Merrltt and the surrounding lands; is recited by the park commission as its -first object in preparing'a center for the beautifica tion of the city. Thereport;comments: "The development 'of Peralta: park, between Eighth and Twelfth streets, will insure a logically situated .and artistic setting for a passenger depot fronting thereon between Seventh . artel Eighth streets. The Southern and Western Pacific tracks now cross this block, and railroads en tering th*e> city: could be" brought, to this centrally located depot. ..-Such a depot would front, on a park of 38 acres and would" form the natural axis to another building ..facing it along the north side of .the Twelfth street dam.. \u25a0/' ' "'\u25a0\u25a0\u25a0 \u25a0'"\u25a0"' J - \u25a0\u25a0 \u25a0; . ' \u25a0.'--- '\u25a0 \u25a0 "Such* a building has been planned. It, is evolved from the old boathouse idea and now reaches the proportions of.' a pleasure ; casino. Preliminary sketches havebeen made and they are so beautiful and such a building pos sesses so. many possibilities ; f or, future utility, that funds for its erection will be voted on ""at*. the coming bond elec» tion.""- ; •,>*.': \u25a0 :.- \u25a0 v- : K~ -. \u25a0 -. : \u25a0• : \u25a0' ."For the; current year," reports the playground commission, "we asked for ?38,000 and; received $9,600. .With; this amount we : have i completed a', modern playground ; in vßushroa 2: park, a playground ; in «De Fremery i park and the Garfield school | and are maintaining a ; playground" : &t the Tompkins school | grounds. . -Two most urgent requirements for the"V success ful * establishment of playgrounds in this city, are ' necessary : funds : ; and i ab solute* authority by the' commission in the expenditure of Ats budgetl" ." .\u25a0';;. ;"\u25a0' Theipark commission is composed' of Wilson S. Gould, James P.'Edoff and >Valter G. g Manuel, all appointed \by Mayor Mott, /April ; 19, 1909. 'He"nry v p. Vogt Js- secretary. /On .the playground commission are A. 5 S. Macdonald,^ Miss Ethel Moore, C. E. Hudspeth. Mrs.'. Cora E.: Jones and Mrs. G. W. Bunnell. com missioners, and George E.-, Dickie,; su perintendent; /Mayor? Mott named this commission: in January,, 1909. AUTOMOBILE COLLIDES WITH DWIGHT WAYCAR' BERKELEY; ;Aug. 2.-^-The i radiator, lamps and engine of. the" automobile In which Robert Greig, a\ prominent con tractor was driving,- were (smashed; this morning ,when the ? machine ; struck-, "a Dvvight wayjear ; at '\u25a0 Bowditch . street. GreigiWas severely 'shaken -up, but not otherwisei injured. The running board of the'car,wasthrown!off.V: ;i PLANS MADE FOR W. P. CELEBRATION Festivities on Arrival; of First Train to Include Bands, Addresses and Banquet /OAKLAND., Aug. meeting of the general; executive committee in charge of , arrangements *for; the cele bration that will, be held upon the ar rival: of the first VW'estern Pacific pas- 1 senger train, inthis city: August 22 ;at 5 o'clock was held at the chamber of commerce today. : : The -following com mittees were appointed: Program— F. A. Leach Jr., chairman; George >S. Meredith, A. S. • Lavenson, Wilbur. Walker, Mayor; Frank ;K. Mott and; C. W/ Mattern. ; Decoration— E.. A. Young, W. ,E. Gibson and Theodore Gier.: , --^ ','\u25a0:/ -'\u25a0 v\u25a0- -"" " \u25a0:"\u25a0'-' . -.. -.- : Secretary A. of the cham ber of : commerce will confer with'Pas sehyer Traffic Manager E.F.Lomax of the railroad this week in : an effort to have the train brought In earlier in the day, to give ihe people of Oakland and Alameda county more time for the fes tivities. v An effort also will be' made to secure ,a\ special ; car -.for the general committee and city, officials '.to meet the incoming train ; at Sacramento. .-: A temporary platform will be erected at Third and .Washington streets for the reception of the railroad officials and others who come with the first train. Headed by the committee; in charge, Mayor,' Frank K.^ Mott and mu nicipal officers, civic | and fraternal or ganizations of the city and county. will join in a big automobile parade to the Western Pacific station. There will be bands,' decorations and addresses and a banqueKif the train can be detained until evening. 'The commltte*-; tvHI meet next Monday at the chamber of commerce to" appoint! a finance sub committee. " The executive committe«"of the cham ber of "commerce has adopted a-reso lution-requesting^ the merchants and businessmen of Oakland to close their offices , and stores between 2 and 3 o'clock Monday afternoon.' when the funeral of Solomon Kahn will be held. H. C. Capwell and A. Jonas^have been appointed to 'act as pall bearers, repre senting the chamber of commerce and businessmen of the city. C. - W. \ Burks of the San . Frakncisco chamber of commerce has -written to chamber to the effect that those "dele gates who wish tickets to; the* Shang hai exposition must make their reser vations at once and make the necessary deposit. The last. day for reservations was July 30, and unless staterooms. are reserved at once the company will have no accommodations to. offer.' The dele gates from the "Oakland chamber are Dr. George C. Pardee. Dr. J. M: Shan non and William H. Weilbye. PLANS ARE MADE FOR LABOR CELEBRATION OAKLAND, Aug. 2— The central labor and-building trades councils have decided -to hold a picnic for the com bined of San .Francisco %and Alameda counties at Shell Mound park following the big* Labor day parade, the entire proceeds to be given to the Union Men's orphanage at San Lor enzo.: Labor day festivities have been sef- for. September 5. * \u25a0' ' , .', LThe para'Je will begin at 10 o'clock In. .the _ morniirg, if the present plans of ; the /committee in charge are not changed. '\u25a0\u25a0'.\u25a0 The dlffare'nt unions of the city and county will participate, and each will beT headed by. a band. ,It was decided that no programs should be printed, and that jno -advertisement shoul.l be indulged in, 'either in the parade or in - any publication that might be connected therewith. C. R; Elder. R. M. Hamb^and A. W. Sef ton Jr.- have been appointed a coni lnjttee to confer, with the mayor and city, officials, as . well as businessmen of the .city, regarding the decoration of the streets, business houses and public buildings on; labor; day. "^ . i WOMAN WINS POSITION iOF CHEMIST FOR CITY ' ALAMEDA. Aug. 2.— Miss Jessie jV. Berry has been .reappointed city chem ist by the board of health. She. se cured the votes of three-of '-the five members of the board af ten it had 'been deadlocked for a month.' A.-A.7 Cun ningham and Joseph \C. Chrlstensen were 'candidates for the position in op position to Miss Berry. In the final ballot which broke the" deadlock; Cun ningham "received two votes. iTAFT&PENNOYERI You Are Cordially Invited to See InA F* l^cf" #% i^^i¥rK 1 /\f" • A JW^3 JL JLJL JJ w JtjLJL Jl ml yf dJL \_P A * \u25a0 \u25a0 • \u25a0 Whatever is new and correct in style has been incorporated in • \u25a0" . -. .__.\u25a0\u25a0 these Suits. Fine'serges and plain. colored fabrics share the claim to . -'.-•popularity with new homespuns and mixtures. Fall will ireadily commend* themselves 4o demand what is Annette Kellermarin, Whb^ill Appear at \u25a0; /Oakland -Orpheum ACTOR-PREACHER A DRAWING CARD Well Balanced Program at Oak land Orpheum Gives Pleas* x uretoMany OAKLAND, -Aug. 2.— Edwards Davis dfaws as large crowds, if not larger, at the Oakland Orpheum this week as he did many years ago at the First Chris-, tian; church when he was* Its pastor. When he preached in Oakland, and was known as the "actor preacher," many went- to hear him. The desire to see Davis perform, aside from his act. is responsible for the visits of many to vthe theater, but not by any means for the presence of all who. go. Edwards Davis presents a dramatization of Oscar Wilde's- "The Picture of Dorian Gray" and wins much applause with it. lie has staged the playlet lavishly, though artistically. Adele Blood, who accompanies him, by her beauty and her cleverness does' much to make a success of his effort. But Davis himself predominates. The recital of several verses from Wilde's poem, "The Ballad of Reading Gaol." brings the performance to a successful ClOSe. \u25a0;\r---'';.:i. > '- \u25a0' . ' ("'\u25a0?.. ; . : James Thornton,' author of "When \u25a0You.Were Sweet Sixteen." Is at- th* Orpheum 7 this week. With his -Witty sayings and his pleasing songs he is again making a hit. - Music of a high order Is furnished by /the Twenty Imperial musicians, who. perform on a variety of instru ments with great charm- Professor Apdale's zoo circus pro vides entertainment for lovers of clev erness in animals, Monkeys, cats, dogs and bears form his troupe. Signor Travato, the eccentric violin ist, is- retained from last week, much to "the pleasure of his many admirers. The others who remain on the pro gram from last week, Marion Murray with her clever farce.- jolly Fanny Rice with her imitation of stage stars, and Pringle and Whitney, the lively come dians, continue to draw applause. Next week will see. Annette Keller mann at the Orpheum. 'The regular theater goers and many others besides are "looking forward to her appearance with much pleasurable anticipation. WORK BEGINS ON EXTENSION — Berkeley. Auß\ , 2.— With a large force of \u25a0wrorkmrn tb<» Oakland traction company' commencrd work today on the laying of rail* for th» n»w Euclid aypnue extvnsion. . which will lengthen th* car Hue by a. half dozen blocks and accommodate patrons lirins on the hillside alopeo of North east Berkeley. It Is expected that the work will be completed inntde the next month. . - FATHER NEED NOT SUPPORT CHILDREN Mother's Neglect to Provide for Alimony in Divorce Decree' \u25a0 Saves Hiney OAKLAND, Aus. 2:— Because the wife of Frank W., Hiney neglected to . pro^ •vide when she secured a decree of di vorce against him that he should sap port their two .minor children, the prosecution failed to convict Hiney to day of neglecting them. . Hiney made no denial of the charge that he J had not contributed a'Cent for the support of his two little daughters, but, never theless, Judge Brown, before whom he was tried, was compelled by law today to instruct the Jury to acquit him. Mrs. Hiney secured an interlocutory decree of divorce last December on the ground of desertion. Her husband had not supported her for a long time, ami she declared that she was glad to get rid of him, and *did not care for ali mony. She took up the burden of sup porting herself and their two children rather than go to the bother of trying to make him pay -alimony. But sh« found the burden too heavy, and a few weeks ago bad Hiney arrested in the hope that the court would force him to contribute something for fobd and clothing- for his children. But the law held this morning that because she was granted the custody of the children she "was responsible for their support. They are no longer the children yt her. husband, in the eyes of the.law. but-her children, and since she neglected at the proper time .to make her husband support them, she .can not have j hlm punished now for failing to do so. ' " V . : , 1,*.'.,-. \u0084, " The only defense Hiney put In at his trial was the interlocutory decree of di vorce.. . - \u25a0 MARRIED COUPLE TRY TO SURPRISE FRIENDS Secret Comes Out and Congrat ulations Then Follow BERKELEY. Aug. •.—Surprising their friends in this cjty. Patrick Mealley and Miss Marie Martensen quietly secured. a marriage; license In Oakland yesterday and were married In St. Joseph's church bjr Dr. F. X. Morrison, without the formality of in viting wedding guests. They intended to surprise the 'mem bers of the card club to which they are affiliated last night, but the secret be came known and when they appeared at the home of Mrs. Haggerty. 203S Adeline street, they received hearty congratulations. ' . \u2666<\u25a0•-', Mealley is well knotrn in commer cial circle* here, and his bride ts the daughter of Mrs. A. Mortensen of Santa Rosa. \u0084'i CAN YOU ASK MORE? ~ W© are so confident that W» c»« fur- nish relief .for Indigestion and dyspep- sia that w« promise to supply the med- icine free of all cost to every one wbq uses it according to 'directions who is not perfectly satisfied with the result?. We «xact no promises 'and put no one under any obligation whatever. Surely nothing could be fairer. VT* are lo- cated right here where, you live, and our reputation should be sufficient as- surance of the genuineness of our offer. ' - \u25a0: ' We want every one who Is troubled - with indigestion or" dyspepsia In any form to come to our store and g*t a box of Rexall Dyspepsia Tablets. Take them home, and give them a reasonable trial, accorJing to directions. .They are very pleasant to tak<j; they soothe " the irritable stomach, strengthen and invigorate the digestive organs, pro- mote, a healthy and natural bowel ac* " tion, almost immediately relieve nausea and stomach irritation, produce healthy digestion and assimilation, and pro-* mote nutrition. Thcee sizes, 25c*. 50u and $1.00. Remember you can obtain Rexall Remedies In San Francisco only* of The Owl' Drug Co.. Inc.. 710 Maxket St. 77S Market St.. Post and Grant aye.,' W3 Kearny St., Sixteenth and Mission sts.