The morning call., 1890-11-13
ACROSS THE BAY.
r. ID. X. Fox Fails to Have His
Divorce Case ReOpened.
Rumortd Compromise Of the Merritt Will
Contest-Laborers on Street Work-A
Complaint by North 0aklaneers.

Complaint By North 0aklanGers.
Judge Gibson of the Superior Court yes
terday denied the motion of r. ID. X. Fox to
have the divorce granted his former wife set
aside and the case reopened. 1t was ascer-
tanned that Fox, while claiming that he had
not been served with a summons, was in Sc
attic, WASH, at the time the summons lay
in the Postofiice for whole month, and was
finally returned to Mrs. FnX's attorney I'M
opened. 1t was further shown on the trial
of the case for divorce, six months ago, that
since the marriage, in 1876. Fox had
been away from home during most Of the
time, and had never at any time been longer
at home than three months, and that when
she filed her complaint he had been away
more than one year. She was given d.
vorce on the ground of his desertion, and
about four months afterward she married a
miner named Chase. Fox came home Two
or three weeks ago ON one of his periodical
visits, and was surprised to find his wife dl-
vorced and married TO another man. lie
filed a motion 10 have the Judgment set
aside, and also the affidavit of man named
Anderson charging Mrs. Fox with infdellty,
claiming the custody of the two children,
which had been given to the mother
RUMoRs OF A COMPROMISE.
1t is rumorcd that the contest of the will
of the late DR.. Samuel Merritt on behalf of
his nephews, Frederick A. and James z.
Merritt, has been compromised and that
they will receive 100000. The attorneys
Tor the executors, for Mrs. Garcelon, DR..
Merritt's sister, who is the principal lega-
tee, and for the nephews admit that the
matter is III process Of settlement and will
be amicably arranged. but say the details
are not sufficiently settled TO be made pub
lie. In the Will Frederick a. was gwen an
annuity of $500, and debt OF $1,000 10 his
uncle was RENTED. James was given an
annuity of 500 for ten years. Mrs. Garce-
Ion, who is now over 20 years OF aye, did
not desire, it is said,- to have any contest
and consented TO the compromise
Mrs. Adelaide ). Lawrence died on De-
Cember 21 1889, leaving real property in
Alameda County Of the value OF $4,000 Ed
ward NJ. Lawrence, her husband, and three
children survive her. Mr.. Lawrence is
butcher on San Pablo avenue and has been
in no hurry TO administer upon the estate,
so that an application Tor letters was MED
yesterday on behalf OF the Public Admins
traitor.
LABoRERs ON STREET WORK.
The Board of Public Works has, by reso-
luton. instructed the Street Superintendent
to discharge the lahorerS employed by him,
in accordance with resolution OF the CITY
Council, passed on October 2lst, and he has
done so. The Board has notified the Au-
ditor moi to pay demands OF laborers EN-
ployed 10y the Street Superintendent by III
structiOn Of tie City Council, Oh the ground
that the Board, and not the Council, has
authority under the charter to orGer the
employment OF men in the street depart
'IlA nUprppatA amUuOt of the labor
ers' claims is $3.50. Both branches of the
city government are determined in the mat
ter and propose to fight it out in the courts
if necessary. The Secretary of the Board
has not yet complied with the request Of the
Council to send to the City Clerk the de-
mands which it declines to audit.
The residents of North Oakland complain
that there is no system to the running OF
the cars on the Adeline-street line, and that
the horses of the line are oyerdriven in the
attempt to make the round trip in half an
hour from Seventh street to u street, instead
of putting on more cars and making better
service. They say that the cars are sup
posed TO meet the local trains on Seventh
street at Adeline-street station, but that half
the time they fail to make the connection.
The articles of incorporation of the
Pythian Hall Association OF Berkeley were
filed yesterday afternoon. The capital stock
is 5000. The Directors are c. NJ. NUTgrOye,
H. W. Bassett. II. NJ. Waterbury, George
Schmidt, I. E. Atkinson, George Dunning
and K. w. Good.
A QUESTION OF BENEFITS.
The trial of the suit of Otto Helmke
against the city of Oakland To recover 5000
damages, alleged to have been done to his
property by the filling in of New Broadway,
was commenced before Judge Ellsworth
yesterday. The commissioners did not
award Helmke any damages, because, III
their opinion. the filling in and raising the
do .Ctra NatHi1 ho hn alrtn
of his property so that the benefits would
baauce the damages. The testimony of
pruperty-owneTS in the vicinity and III the
same street was to the effect that the rails
ing of The grade had increased the value of
the property along the street from SO to
$40 per front foot.
Miles Doody, who was dismissed by the
Board Of Fire Commissioners over year
ago from the office OF second assistant
engineer of the Fire Department, is having
the papers prepared for suit against the
city to recover salary from the date of dis
ssal 10 the present time, at the rate of $50
per month. He claims that under the
charter he could not have been dismissed
without cause, and that he is still in the de-
partment as assistant engineer.
Judge Ellsworth yesterday afternoon is
sued a writ Of habeas corpus, rerurnable
next Monday afternoon, commanding Sheriff
Hale to produce Thomas Cary before him.
1t is claimed that Cary is Illegally restrained
of his liberty in the County Jail because
tried before jury recently and acquitted.
Alameda.
Arrangements have been made by which
the fire bells will strike at noon and also at
o'clock every night.
John O. Kane and Nellie Latin. two
young people of San Franciscowere, married
yesterday by Justice of the Peace Byler.
a reception will be rendered to the Off
GERS and members Of Minerva and Orc Elmo
parlors, n. d. G. W., by Alameda Pailor.
No. Is, tomorrow evening in Masonic Hall.
The residents in the vicinity of the Bay
street School have presented the Board of
Education with large weather-yane, to be
placed on the new school building.
The City Attorney has been instructed to
amend the ordinance establishing fire limits
so that steam boilers can be established and
maintained under certain conditions. At
present the establishment OF new boilers is
prohibited.
MIS-. Lankenheimer reported to the police
yesterday that her residence on Railroad
avenue had been entered by raising front
window, and that 500 had been stolen. The
police do not think that the money was
taken by burglars, for the reason that no
one would venture to open WINDOW OF a
house on such public thoroughfare as
Railroad avenue in the daytime for the pur-
pose OF burglary.
The trial of John Ganey, section-hand
on the broad-gauge railroad, took place yes
terday in Justice Byler's court He was ac-
cused by Secretary Theobald of the Alameda
County Humane Society with having been
guilty of cruelty to his children, two of
whom recently died of diphtheria. Theo-
bald, who Swore 10 the serious charge,
failed to put in an appearance at the trial.
and the neighbors, who had melted him to
make tine complaint, could not testify to any
positive acts of cruelty OH the part of
Ganey, and he was acquitted. Ganey is a
widOwer and states that he will put his
children in an orphan asylum.
Berkeley.
john Turner of Berkeley was examined
Yesterday and sent 10 the Stockton Asvium