davidaulloa/AmericanStories huggingface dataset:
The morning call., 1891-11-11
IFrom the Gazette, Salem, Mass, Nov. 27, 1891
THE sEARLES WILL CASE.
Judge Harmon Sets Up the VIII PrelimI

Judge Harmon Sets Up the VIII Prelimi-
nary to an Appeal.
The great Hopkins-Searles will case came
to very sudden and rather unexpected
close on Saturday noon.
Mr.. Searles was relieved on Friday, hay-
Ing been upon the wltness-stand for the en-
tire six days of the hearing He was fol-
lowed by General Thomas Fl. Hubbard,
whose appearance and testimony won for
him at once great favor with the spectators
in the benches The General looked at the
partnership with Mr.. and Mrs. Searles as
purely business matter. His partner. Mr..
Stillman, was asked to manage the Hopkins
property. The witness advised him not to
do 1t and Stillman said he would drop tt.
Afterward he was drawn into it and then
General Hubbard suggested the partnership
as the proper thing to give himself and Mr.
Stillman the requisite authority. The Cen
eral said that his practice before this for
four years had paid him S45, 600 year, and
the 5 per cent in the Searles partnership
was no special inducement to him.
Mr.. Burley secured a ruling to open the
books of Searles, Stillman & Hubbard.
AS soon as General Hubbard went off the
stand the case was rested, to the evident
surprise of the contestants.
Judge Endicott submitted the matter
without argument Colonel Lincoln as
sentedB
Judge harmon salQ that after this very
partial hearing, the plaintiffs having sus-
tanned their side of the case so far as was
requisite, and there being but one issue here
[Of undue influence, including fraudl the
burden being upon the contestants, upon all
the evidence submitted, he should have to
rule that issue not maintained. There was
but one thing left for him to do, and that
was to set up the will. which was then ad-
mitted TO probate.
Mr.. Burnley said that at the proper time
and place he should enter an appeal.
The court then adjourned.
The morning call., 1891-11-11
MONGOL VENGEANCE.
Another Highbinder Slain by
Blo0dthirsty Rivals.
The "Hatchet" Men Of the Fighting "Tongs'
Continue Their Murderous Work-The
Code Of Revenge in Operation.

IAN eye for an eye" "a tooth for tooth"
and "a life for life" the code of the
Ratchet men" of the rival highlander
tongs. has again been carried out to the
letter. Another notch has been cut on the
stock of the Suey longs guns and
another highlander scalp hangs to the CIR
die OF the Chief Ranger Of the society.
Since the latest feud broke out among
representatives OF the Suey Sings and Suey
Ongs in the Alaskan canneries each tong
The morning call., 1891-11-11
Large Barn Burned.

SACRAMENTO, Nov. 10.-A fine two-story
barn on the Slack farm, a quarter of a mile
below the terminus of the Riverside road.
was destroyed by fire this morning. The
barn was under lease to j. Hamilton and
William Sims. who conducted dairy on the
place. The barn was one of the largest and
best built In the Sacramento Valley and 1t
cost over $1,000 to construct it. The cause
of the fire is a mystery. The total loss is
$4,000; insured
The morning call., 1891-11-11
Fatal Accident to a Farmer.

MERGED, Nov. 10.-E. Asbury, a we'll
known and wealthy farmer Of this county,
started last night for his home, distance of
sixteen miles. He was accompanied by a
Farmland. When they reached Bear Creek,
six miles from town, one of the wheels of
the wagon ran off the bridge and Mr.. Asbury
was thrown hradong into the creek. There
was but little water, but Mr.. Asbury sank
into the soft mud and when found by the
farmland lie was dead. Leaving the body
In the mud, the man ran to a cabin near by
and gave the alarm.
The morning call., 1891-11-11
DISAPPEARANCE Of an Emh azzler-

SAN BERNARDINo, Nov. 10-E. A. Ray,
agent for the Southern Pacific Company at
this place, disappeared on Wednesday last
and has not since been heard from. An ex-
animation of the books shows him TO be an
embezzler to the extent OF $1,000. He has
been suffering for the past year with Cancer
of the stomach and has been compelled to
use cocaine, and his friends believe that he
has committed suicide. Detectives are now
ON his track and the truth will soon be
known.
The morning call., 1891-11-11
In a Precarious Condition

SACRAMENTO, Nov. 10.-News from Or
aDge Valley to-day says that Minnie Bran
don and Giles Brandon, who were poisoned
yesterday by eating biscuits. in which
arsenic had been placed by mistake for
baking powder, are in precarious condi
ton, but there are still hopes that they will
recover. The Coroner's jury returned a YER
dict that Brandon and his wife were acct
dentally poisoned
The morning call., 1891-11-11

pletion of the Wnodbridge Irrigation Canal.
dam and headw0rks. William FL. Mills of
San Francisco will be guest of the Stock
ton Board of Trade and deliver an Grafton.
An excursion will be run from here. and
railroad excursion tickets will be offered
frCm Sacramento and all points this side at
one and One-third rates. good till Friday
The morning call., 1891-11-11
Rancher Instantly Killed.

VAcAvILLE. Nov 1o.-Lombard Frey, a
rancher living four miles from the village,
was killed this afternoon by falling from a
wagon. wheel passing over his head and
arm and causing ms tant death. Deceased
was an old resident 65 years Of age and a
native of Germany. He leaves widow and
six children SAW
The morning call., 1891-11-11
OBITU AIRY.


The fresno Expositor of Monday contains an
known pioneer, as follows: About 6 80 o'clock
sunday morning JOnn b. Welch arose and bu liz
hre Iahlng his pipe he sat down to smOk e,
as was his custom. few minutes aiTerward
ne was found dead, still sitting In his chair The
pipe had fallen 10 the floor his hands were In his
zap ana his mead Slightly 20 one side. Otherwise
he sat as II alive. Deputy County Coroner L y
lOr was notified, and upon his arrival found the
DEAD man still sitting in The chair Evidently
would have fallen from the chair. There were
no arms on the chair. and the slightest move
ment would have thrown the occupant TO the
Moor. Sunday afternoon an autopsy was held,
an d Inc cause OF death was found 10 be clOgging
OF The heart. That organ had filled with blood,
refused TO work, and death resulted almost in
sdanty and probably entirely without pain. Mr..
WEIGH seemed TO be enjoying his usual health
on Saturday, and had not complained OF being
unWeil on Sunday morning. He was a native of
Tennessee. ana aged 81 years. tie has resided
In California over thirty years, and in Fresno
ana 1ulare County for the past twenty years.
he was Tor many years in business at Kings
burg III Fresno County, and during that lime
nled the office OF Constable and Deputy Sheriff.
subsequently lie removed 10 Iulare County, and
there filled The office OF Deputy United STATES
Marshal, and also was a deputy under the She -iff
OF that county, He was fearless officer and an
In 1877 he was married al Kingsburg to Miss
Augusta L. Garner, daughter OF Judge w. L.
Garner.
W. j. HANCOCK.
w. j. Hancock, Superintendent OF the Atlantic
DIVISION OF Wells, Fargo & Co.'s Express. died
yesterday morning In New York City.
The morning call., 1891-11-11

forenoon, the horse became frightened and
ran away. The phaetOu was das ned against
large post at the corner of Z and Seventh
streets, and the occupants Of the vehicle
We're thrown to the ground with great vio-
lencr. Mrs. Lawek sustain ed a frac. ure of
the skull and is seriously hurt. Mr.. Lewek
was slightly bruised
The morning call., 1891-11-11

some time and is occupied rs a residence by
Cannon and his family. Gaigan insisted
that he wanted drink and when he refused
TO go, after being told that it was not pub
lie house, Cannon knocked him off the
porch. Gaigan got up and again tried to
get in, when Cannon went at him again,
and says he fell off the porch, striking on
his head and shoulder. Gaigan and his
companion then went TO the race track and
the injured man was removed to the hospital
this morning in dying condition. Cannon
ic upHar
The morning call., 1891-11-11
Indicted for Couuterfeiting.

BOISE CITY Qdaho), Nov 10.-The United
States Grand Jury to-day indicted Annie
Campbell. The woman arrested at Sand
Point few days ago for passing counterfeit
money. II is thought that she is one of
large band of counterfeiters ope Grating in
Montana and other Northwestern States.
The morning call., 1891-11-11

SIssoN, Nov 10-George Miles died this
evening from the effects OF an overdose of
morphine, taken with suicidal intent. He
leaves widow and one child. The cause
of suicide was derangei mind.
The morning call., 1891-11-11
Election Of sntter Club officars

SACRAMENTO. Nov. 1O,-The Suffer Club
at the annual election tonight chose for Di-
rectors Newton Booth. l. A. Robe, p. c.
Hale, j. T. Burke, A. j. Hopper, K. T.
Devlin, W. F. George, H. Weiustock and
Ii Errha
The morning call., 1891-11-11
FUNDS SUBSCRIBED.
Projected Improvements to the Sisters Of
Marcus Convent at Sacramento

Mercy's Convent at Sacramento.
SACRAMENTO, Nov 1o.-Two weeks ago
it was resolved to make certain improve
ments to the buildings and grounds of the
Sisters of Mercy's convent here Tonight
committee reported that citizens had
already subscribed $4,000 toward the OBJ
ject. Twenty Thousand dollars are needed,
and it is expected little difficulty will be
met with in securing that sum-
The morning call., 1891-11-11

lrrom the NORTH American OF Philadelphia, Pa,
Oct. 81, 1871
THE SEARLES WILL CASE.
Twenty-Five millions is big stake, and
that accounts for the contesting of the will
of Mrs. Searles. The examination before
Judge Harmon took great latitude. The
evidence showed that the testatrix was
wholly capable Of devising her property, or
that if she was not, then that nobody is.
The examination of Mr.. Searles was in good
part Irrelevant. 1t was nobody's business
whether Mr.. Searles married Mrs. HOPKINS
Tor love or money. In either case he was
married to her. lived happily with her, and
Is competent inheritor.
But SearIes was well enough off in this
worlds goods before he married Mrs. Hop
kins Her millions rather eclipsed his mod
est $4,000 fortune, perhaps, but he was
not influenced to marry by poverty. Even
II ne had been as pnOr as Lazarus. and even
II the millions influenced him to marry a
woman twenty years his senior, that could
not affect the legal aspect of the case.
The apparent or obvious history of the
case is this: There was fortune of $685.
0O0;OOo, more or less. A generous part of it
mad been devoted to improving Great Bar
rington. Having a husband in whom she
had confidence and for whom she cherished
genuine affection Mrs. Searles devised her
estate to him in great part. At this juno
ture an adopted son appears from some
quarter and contests the will
Behind this. claimant mask certain law
yers. Ihey would be willing to settle or
compromise the matter for 100000 600.
That would give the lawyers million each
and leave Timothy Hopkins pretty for
tune. 1t is a lovely outlook-for the law
yers. 1t is an ugly outlook for the public.
The Judge decides that the will must stand
as the evidence shows it ought. But the
contestants lawyers take an appeal. Very
well. The Massachusetts Supreme Court
can now do a good stroke of work by sus-
tanning the court below, and giving notice
that such shameful contests must end.
The morning call., 1891-11-11
Dropped Dead.

SEATTLE, Nov. 10.-Dr. J. S. NJ. Smart,
for many years practcing physician of
Carson, New, dropped dead to-day in his
Office here.
The morning call., 1891-11-11

DON'T CO SO FAST!
Remember, that the best and most
reasonable place in the city TO buy
GOOD SHOES is at DESC4LSO &
FRANKS.
Have you tried it: If you haven't
it's Time You had. You'll only need to
STOP A MINUTE
To get just what you want That will
be easier aId better than looking round
at small places, where you may find
good SHOES and NEW STYLES and
yen may not. DESCALS0 & FRANK,
% Kearny ST., Headquarters for James
Means Shoes.
nsll WeFrSu Sp
The morning call., 1891-11-11
BORN.


CRowLEY-In this city, November g, 1891, to the
wife OF j. j. Crowley, daughter
WlNSLOW-In this city. November Q, 1891, to the
vie OF C. l. winslow, a
LEVI-In this city November 8, 1891, to the wife
OF sam Levi, son.
PORrkR-In this city, November 10 1891 to the
vile OF George Porter.
NARX-In this city, November 10. 1891, TO the
wife OF q. c. Marx. a son.
CASTEL-In this city, November 8, 1891, to the
wife of E. Cante dau sht-r.
-ELDRIDGE-In this city, November 8, 1891, TO the
wife OF L. 4. Eldrldge son.
MURRAY-In Oakland, November g, 1891, to the
wifs OF j. J. Murray a son.
The morning call., 1891-11-11
Woodbridoe Canal Ca,ehret;or

STOCKTON, Nov. 1o.-Great preparations
are being made here and at Woodbridge for
the celebration on Thursday Of the CON-
The morning call., 1891-11-11
BIRTHS-M MARRIAGES DEATHS.

birth, marriage and death notices sent by mai
will NOT be inserted. They must he handed in a
either OF the publication Offices and be Endorsed
with the name and residence of persons authorized
TO have the same published
The morning call., 1891-11-11
Runaway Accident.

EVANSVILLE, Nov. 1O-While Sol Lewek,
proprietor OF the United States Hotel in
this city. and his wife were out riding this
The morning call., 1891-11-11
Railroad Extension
ITEMS OF INTEREST.

REDLANDs, Nov. fO.-A force of men and
teams are at work grading the Southern Pa
oil -
The morning call., 1891-11-11
Killed by the .ngs, No Doubt,

SUGAR FROM THE IsLANDs.-The schooner
John q. North arrived last night from MANU-
kona with cargo Of lo.250 bags Of sugar con
signed TO Williams Dlm0nd s. Co.
The morning call., 1891-11-11
ROPKINS-SEARLES CASE
Editorial Opinions Reproduced
From the Eastern Press.

The following extracts are selected from
the editorial columns of some of the East
ern press:
The morning call., 1891-11-11
FATAL RESULT.
Death Of Hostler in Stockton From Injuries
Raceived While DRINK

STOCKTON. Nov. 1o.-Frank Gaigan, a
hostler in the employ of Orrin Hickok here,
was beaten by man named William Car
mon last night and died this afternoon.
Gaigan and a companion were drunk and
called at house near the race track which
was formerly q saloon. but has been closed
The morning call., 1891-11-11
LATEST SHIPPING INTELLIGENCE.
Arrived,

Arrived.
TUESDAY, November 10.
Stmr Westport, Anderson 20 hours from West
port; $50 eds bark, TO Pollard q Dodge.
Domestic Ports.
SAN DIEGO-Arrived Nov lO-Nor bark Gul.
dregn, from Newcastle, NSW.
The morning call., 1891-11-11
ECLIPSE OF THE MOON.
An Interesting Phenomenon That
Will Occur Sunday.
Chart of the Region of the Sky in Which the
Eclipse Occurs Stars Which Will Be Oc-
Quilted Shown in Regular Order.

The total eclipse Of the moon, which takes
place next Sunday, will he visible generally
throughout North and South America,
Europe, Asia and Africa. In the eastern
and central parts of the United States the
whole of the eclipse will be visible. In the
western parts the moon will rise eeipsed
The following are the elements of the
eclipse as given in the American Ephemeris
Greenwich mean time of conjunction in
right ascension, November 18th. 12h 0Sm.
Ass
SIMS R. A. 18Th. 23m. 64.99s. Hourly motion
l0.29s
Moons R. A. 3h. 23m. 54.99s Hourly motion
suns decl. 1so 81 ALI" S. Hourly motion
Moons decl. 1so 81 o5.5" N. Hourly motion
SUMS equa. nor. parallax s.7. Suns true semi
diam. l6 iO9
Moons equa. parallax 60 03.2. Moons true
semi diam. 16 21.l.
Times of the phases Greenwich mean
time):
Moon enters penumbra November 18th. Oh. IS 9m.
Moon enters shadow. ioh. 3o0n.
iota eclipse begins '..........'..'..-..ibh In Sum.
Middle OF the eclipse. lS Sm
T Toa eclipse ends sh' ~ an M
Moon leaves penunbra Ion. W om'
To obtain the standard time of these
phases for any given place. says the Side
real Messenger, subtract the longitude of
the meridian which is employed as stand
ard for time at that place Thus, for &
place using Eastern time, substract Oh; for
one using central time Oh, etc, from the
Greenwich time. On the Eastern coast the
moon will be a little below the Eastern
horizon at Al. 35m. central time, when it
begins TO enter the dark part of the earth's
shadow.
During the eclipse the moon will occult
number of faint stars. Ordinarily the
brightness of the moons light etfectually
The morning call., 1891-11-11
From The News Newark, N. j., October 26, 1891
THE SEARLES WILL DECISION.

Following close upon Chancellor McGnrs
decision in the Hezekiah b. Smith will case
comes from Massachusetts another judicial
deliverance, in which the testatur's rights
are clearly upheld by Judge Harmon of the
Essex County Probate Court, sitting at Salem
on Saturday, who decided that none of
the grounds set up by the contestants OF the
will of Mrs. Mary +. S. Searles were well
founded and ordered the will admitted to
probate Notice of an appeal was given. of
course; too many millions are at stake for
those who want share Of them to lightly
abardon the fight
The facts in this case are plain. The
great fortune left by Mark Hopkins was at
his widows disposal. She fell in love with
Searies and married him. On him she, liy-
Ing, lavished her great wealth, and dying
she left practically the whole of it to him.
lie was many years younger than she. he
may have married her solely for her money
On the other hand, he may really have
entertained for her respect and affection
Sometimes young and middie-aged men
marry women many years their seniors
when the latter are not rich. Whether or
not he can be called fortune-hunter Searles
was certainly not Indifferent TO the golden
charms of his elderly spouse. He took all
the money that she gave him. He allowed
her to make him rich before she died. He
was willing to let her will make him richer
still. He showed no QuixOtic disregard of
his own fortunes. Not many men do dis
play that kind of self-abnegation.
But Searles, just as he was, had his wife's
love and confidence. Her journal shows
that his companionship aud attention
The morning call., 1891-11-11

An inspection Of the scene of the killing
showed that Suck was standing in the alley
between the buildings numbered and 10.
| At least four shots were fired, two of the
| flying wide of the human target. One of
these lodged in shutter and the other
| passed through sign and Skinned along
the planking in the alley twenty yards be-
| yond. From the direction taken by the
| bullets 1t Is evident that the shooter was
concealed on the steps leading down into
cellar OF the building numbered TO-
| CoNFEDERATEs WE'RE CONCEALED.
| His confederates were probably concealed
| In doorway opposite, awaiting to put on
| the finishing touches to the assassination Ii
| the first fusillade failed. Seeing their victim
| felled headlong upon the planks, they
| Judged the murderouS work complete and
escaped out across Washington street
| Police Surgeon Williams made an au-
topsy and traced the course of tho missiles
| that caused DEATH One bullet entered the
right side, five and half inches from the
median line in the back and emerged on
the left side. During its course, the ball
entered the abdominal cavity between the
| the upper third of the right kidney, and
passing out between the eighth and ninth
| left ribs
The second ball entered the right side
| OF the neck and emerged from the upper llp
| on the left side, passing through the juguar
vein, over the tongue and knocking out ali
| the front UPPER teeth. Coroner Garwood
| will begin the inquest at 10 80 o'clock this
| morning IN order that the remains may be
buried. After that the Inquest will be post
poned until the officers have completed their
| investigation.
Killed by the sngs, No Doubt.
! The inquest In the case of Chez Sin
Chong, the murdered man whose body was
found in a clothes-basket in Bull Run alley
week ago on Monday last. will be held to-
morrow afternoon. No clew to the mysteri-
Gus affair has yet been found. but as he was
Suey Sing man there is no doubt that the
| Ongs killed him.
| SuaAR FROM THE IsIANns- Tina achnnnar
The morning call., 1891-11-11
1891.
A SENSIBLE JUDGMENT.

Timothy Hopkins and about a dozen
others contested the will of Mrs Hopkins
Searles, tie widow of Mark Hopkins, who
afterward married Searles, wealthy house
decorator Mrs. Hopkins-S earles was
worth in her own name about $50, coo COO
which she left to her husband entire, Civ
ing nothing to her adopted son, Timothy
Hopkins, for the reason, as she expressly
stated in her will. that she had literally
provided for him during her lifetime. Ney-
erlEeleSs, the young man Instituted a law
suit, contesting the will upon the ground
that the lady had been unduly influenced
against him.
The protracted case came TO temporary
close yesterday, when the Surrogate Judge
of Salem, Mass, before whom the contest
was waged, sustained the will.
1t seems to US that this decision is emil
nently sensible, whatever else it may be in
legal way. Mrs. Hopkins-Searles had a
right to do with her property as she
pleased, and if she wished to discriminate
against her adopted son. even though influ-
enced TO that end, she should have had the
privilege to do so. 1t IL, however, alto
gether unlikely that woman capable of
taking care Of $50, 600 would yield her
will TO undue persuasion.
1t has come to such pass in this country
that wealthy person cannot make a will,
no matter how carefully drawn, without
some way. The estate of Commodore Van
derbilt. A. T. Stewart and scores of others
have experienced this fact and more re-
Gently the Davis will case in Butte has fur
nished another example OF this vicious ten
dency. Even so learned and astute man
as Samuel j. Tilden could not make will
without getting it into court, and notwith-
standing that in his lifetime he had fire.
Qurntly expressed his purpose to leave his
means for the noble object to which he
finally donated it.
A great many contests are instituted with
no expectation of winning therein, but in
the hope that some compromise might be
effected by which the contestants would
benefit, and there are always lawyers
enough who are willing to take such a case
for contingency fee.
So long as wealthy people cannot be per-
suaded to dispose of their property during
their lifetime and thus prevent any possible
litigation, it is well. at least, to hear occa-
sionally of cOmmOn-sense decision which
defeats the contestant. If there were more
such examinations the uuseemly fights for
the possession of deceased relatives prop
erty would be less numerous.
The morning call., 1891-11-11

W. j. HANCOCK.
w. j. Hancock, Superintendent OF the Atlantic
DIVISION OF Wells, Fargo & Co.'s Express, died
yesterday morning In New York City.
The morning call., 1891-11-11
THE sEARLES WILL CASE.

tFrom the North American OF Philadelphia Pa
Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-12-12
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