The morning call., 1891-09-17
ACROSS THE BAY.
J. Ii. Bacon Mired up to His Neck
in the Lake.
Another Day in the: Pratt Case-Discharge
of Mrs. Kellogg Re-
mains-Teachers' Institute.

for some years and until a month or SO ago,
conducted a eandy-Store ON Broadway. near
Tenth street, was investigating the Lake
Merritt boulevard improvement by moon
light He slipped and fell into the water
only few inches deep. He went down in
mud and water up to his knees, and when
he attempted to eXtricate himself found he
was stuck in the mud and sinking deeper
and deeper. his voice is weak. but he
shouted as loud as he could, but no one else
was investigating the city's improvements
around Lake Merritt
Finding his exertions were only making
him sink deeper he ceased. He sank until
only his head from the chin upward was
above water, and there he remained until
several hours after daylight, when boy on
horseback happened to ride down to the
lake shore and saw him. Mr.. Bacon raised
his arms at the risk of going deeper. The
boy saw there was something wrong, ana,
procuring help, the unfortunate man was
helped out Of his mud bath.
lie was almost ready to die from ex-
hauSti0n due to the trying situation in which
he had been for seven or eight hours. He
was taken TO the Receiving Hospital and
his wife notified. During the afternoon he
was sufficiently recovered to be taken to his
home lie says he will make no more in
yestigations at night alone.
PRATT DIVORCE CASE.
Mrs Dr. Kenney was called for the de-
Tense in the Pratt divorce ease yesterday
and gave testimony as Mrs. Pratts physi-
clan with reference to her condition prior TO
and Immediately subsequent to the shoot
log Of BTOmwell by Pratt. The testimony
was to the effect that Mrs. Pratt was sub
ject to severe headaches, which produced
mental as well as physical prostratinn, and
that during these periods she would be in
semi-consciOus and dazed condition. Mrs.
Pratt told her that she would save GeOrge
from the gailows. This was written on a
piece of paper, as Mrs. Pratt was unable to
talk at the time.
She was questioned about her son buying
Pratts house, and said she advised him not
to do it, as she did not believe that at the
time Mrs. Pratt was in sound enough
mental condition to make the deed, but the
deed was made. An effort by Mr.. FOote to
elicit whether OF not Mrs, Pratt made any
confession to her was ruled out on Mr..
Reddy's objection. At noon a recess was
taken to l 80 O'clock in the afternoon, and
at the reconvening of the court Mrs. Pratt
and Mrs. DR.. kenDey not arriving on time.
Mr.. fO0te was allowed to put OO the stand
Dr. Burke of the Rural Health Retreat Of
the Seventh Day Adventists at st. Helena.
Alter ascertaining from him that Mrs.
Pratt had been at the sanitarium about six
months. and that she had visited San Fran
cisco on one occasion during her stay there,
and had told him about II, and be had given
her medicine to take along with her, MI
Reddy moved to strike out all his testimony
relating TO Mrs. Pratt's physical and mental
condition OIL the ground that the commu-
nications were privileged, as Mrs. Pratts
physician and she had not consented to Dr.
Burke's testifying. AS Mrs Pratt and Mrs.
Kenney did not arrive at 40 O'Clock an ad-
jOurnment was taken until this morning
ROUTED BY A WOMAN.
Assistant District Attorney Church of AL
amPda County had anew experience yeSter
day. He was completely routed by Mrs.
Clara FOltz IN the examination of Mrs. j.
N. Kellogg on a charge of grand larceny.
Church was assisted by Mr. Sutter and Mrs.
FoliZ by Mr.. Fry. The defense did not put
on any testimony. Ms. kellogg was
charged with stealing a note for $500 be-
longing to herself and Butler Smith from Z.
Norris, a real estate agent. and shown to be
the agent Of the parties in collecting install
ments aud interest on the note monthly for
them for n commission. Mrs. Kellogg re-
ceiyed the note from him in August TO III
dOTSe a payment at the request OF the payer
of the note and refused to give it back to
him, and for this he had her arrested on the
felony charge. The court held that Mrs.
Kellogg or Mr. Smith had the right TO de-
mand the note from their agent al any time
The lady attorney did not have 10 make any
argument and cite her authorities or read
from the several books with which she had
provided herself.
The ordinance appropriating $1,000 for an
engine house in East Oakland has been
signed by Mayor Chapman.
TEACHERS COUNTY INSTITUTE.
The Alameda County Teachers Institute
of three days opened yesterday in Hamilton
Hail. Rev. w. B. f. Lynch, President of
the County Board of Education, Eli f.
Brown, Miss Fannie Ward and A. E. FRYE
delivered addresses during the morning
session. During the afternoon the conven-
ton was divided into five sections, meeting
in various rooms in the High School build
ing. In the evening a general convention
was again held in Hamilton Hall when an
address was delivered by President D. 5.
Jordan Of the Leland Stanford Jr. UnEer-
sity This morning the divided sessions
viii be held in the High School and in the
afternoon general conference will convene
at Hamilton Hall.
Il is shown in the annual report of the
University of the PaciIc Board Of Trustees
that f. w. Playter made donation of $4,000
to the school during the year
There is a protest of 270O feet of the prop
erty on Tenth street. between West and
Franklin, against the proposed electric
franchise.
L
A man about 40 to 4j years of age was
killed by the Alameda train at :45 o'clock
last night, at First street and Broadway,
Oakland. He was about feet high and
weighed $50 pounds. The initials "a. s."
and an anchor are on the back of his hand.
He had basket with a dozen bottles Of
beer and two bottles of whisky. A bill was
also found on him in the name of John
Osborn" The remains are at the Oakland
MOrgue unidentified.
1t is believed that he boarded the wrong
train at the pier, as he had q ticket to
Berkeley. His neck was broken in the fall
when jumping off the train. TIE finding of
a bill in the name of John Osborn" in ac-
count with the Chignik Bay Combination
leads to the suppOsitiOn that he was in the
salmon-canning business.
Warrants have been issued on complaint
of r. W. TheObald, Secretary of the Humane
Society of Alameda County, for the arrest
Sells Bros Circus, and the manager of the
bicyclsts, for having children performers in
their troupes.
The articles Of incorporation of the Pro-
gress Publishing Company were filed yester-
day. The capital stock is S24,000 of which
$500 is subscribed. The Directors are j. II.
Bennett, J. Stapleton, r. j. Rice, Edwin b.
Fox and Joseph Boardman.
WILL NOT SURVIVE ANOTHER ATTACK.
II is reported by County Physician STRAIT
ton that old George Jones. in the County
Jail for retrial on the charge Of killing
Al0nZO Dutill. has spinal Scler0sis, a hard
eniug of the spinal cord, and Will probably
not survive another attack of conyulsions.
He has been in Jail nearly seven years.
The petition of Stiles S. G. Parker. San
Francisco commission merchant, in in
solveney has been filed. His liabilities
were S25,676. His only property is lot in
the addition to the Villa lots, adjoining the
University, valued at $1,000, homesteaded
and also incur bered to the amount of S11S0
Ray Gibson, the wounded boy, sat up yes
terday for short time ard read. He has
no pain and no fever. DR.. Thiro the Chris
tian scientist, continues to conduct the case,
though an army surgeon, DR.. Church, has
also been summoned in consultation.
Chief Kennedy of the Fire Departmsn 1t
has filed his report for the fiscal year. The
total loss by confagrations was S52. .364 80.
RAN OFF THE TRACK.
The engine and forward trucks OF the
Sacramento passenger train ran off the
track at the Sixteenth-street Depot last
evening on account of an open switch. En-