davidaulloa/AmericanStories huggingface dataset:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
IMPRACTICABLE.
A. 4. Hatch's Opinion of the
Proposed Fruit Trust.

A 7. Hatch, the well-knowD fuit-grower,
was interviewed yesterday regarding the re-
ported organization Of gigantic fruit trust
by the consolidation Of California ranches
into an association.
" had heard nothing regarding the Pro-
ject said Nj Hatch, Except what | read
10 this mornings paper, and l think if such
a scheme, embracing interests so enormous,
bad been mooted | would have received
some iukling Of it.
"I am personally acquainted with both
?. B. Armstrong and DR.. Meyer, who are
said to be Interested in the formation Of the
proposed trust. The former was at one
time associated in business with me, and
sold him thousand-acre ranch, which he
still retains, III san Joaquin County. He
has been endeavOTing TO get out to Califor-
MIA for some time to look after his interests,
aud ] expect 10 see him in the city within a
few days.
" Both Mr.. Armstrong and DR.. Meyer are
IN position to control unlimited capital,
and they could carry the scheme to sue
cesSiul issue If any one could The project
Is impractcable, however, and think the
reputed promoters are too shrewd 20 at
tempt the Inauguration Of an enterprise so
gigantic that / am satisfied il could not be
successfully managed.
a" do not believe, either, that the fruit
producers Of this State contemplate cOmbin-
ing to obtain higher prices from the can
neries AMI other buyers. The farmers will
not stick together under such an arrange
ment, aud 1t Is safe to say that any such
trust IS not feasible"
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
MRS. SIMON'S HEIR.
The Address Of Her Friend Della
Was Incorrectly Given.

The following dispatch from New York
City appeared in THE CALL yesterday:
The following letter was received by SuperIn-
iendent Murray at police headquarters late to-
DAY:
You would do me a great favor II you would
try and hnd Joseph Rice and forward 10 him The
ncOsed letter. When last heard from he was
In New York city. HIS sister. Mrs. Sarah II. NJ.
simon, died IN Sau Francisco about twenty-One
weeks ago, aud left him cons jderable money. II
send you money. II you cannot find him, please
return The letter aud Oblge. Yours very re-
spectiully, DELLA CUNNINGHAM.
400 Jackson street. San Francisco Cal.
superintendent Murray had a general alarm
sent out fOr Rice, while Inspector ByTues' men
were also Instructed to keep lookout for him.
Inquiry at 400 jackson street failed to
reveal the presence Of Della Cunningham
or any knowledge of her whereabouts She,
however. made no mistake about the will
or Rices inheritance. Mrs SimOn's tesla
ment Is dated the 9th Of November, 1891,
and is as follows
|, Sarah NJ. Simon, do hereby declare that this
is my last Will ana testament: FIRST, / appoint
my iTleOd Eph simon to act as executor Of my
Will without bonds. Second, / give TO my broth.
eT. Joseph Rice, $4,000; TO Isaac Martin.
10000, and to my daughter ln-law, julie Martin,
SlOOuO, ana The rest and residue 10 the child TO
be DO, n OF my deceased son, Jefferson ID. Mar
tin. But should no such child be born then the
said residue is TO 60 10 my said daughter in-law
julie. In witness whereof | have neTeuntO set
my hand HIS 21th day OF November 1891.
SARAH II. NJ. SIMON.
wltnesses-Joseph D. NapthaIy and James
Scott.
The estate Is valued at $4,000 The JEFF
fers0n ID. Martin referred to was prOmi-
nent member of the Olympic Club, who
won distinction as a boxer.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
STREET MATTERS.
The Metropolitan Likely to Have
It's Trolley Privilege.

The application of the Metropolitan Rail-
way Company for the right to use the over
head or t5oley-wire system east of Van
Ness avenue or within the limits prohibited
by ordinance was discussed by the street
Committee Of the Board Of Supervisors
yesterday, with the result that it triumphed,
and will be recommended fav0rably to the
board on Monday night. Wendell EastOn
did the pleading for the applicants and as
Sured the Supervisors that the road would
be great credit to the city. and am Oug its
chief cOnvenences for quick and cheap
transportation.
The petition Of pTOperty-oWners for the
removal OF stable from IOuchaTd street
was referred to the City Attorney for his
opinion as to the status Of the street.
Mayor SandersOn proposed TO the COM
mittee that something De done 10 secure
draining through the Preside for that y r
ton OF the city lying between Laurel Hi
Cemetery and the reservation. In response
thereto the surveyor was instructed 10 pre-
pare Specifications of what is required, 30
that the board can take the necessary steps
in securing the consent Of the Government
Then, # the interested pr0peTty-OwneTs de-
sire, the work can be pushed through.
The application Of J. w. HartZell and as
soCiates for a franchise 10 build an elevated
railroad on Mission street and through yari-
Gus streets TO the park and ocean was laid
over for thirty days. Much curiosity as been
expressed as to who can be backing this
elevated railway scheme, and no little ele-
ment OF doubt seasons the conjecture as to
its genuineness. Mr.. Hartzell intmates
that syndicate OF Eastern capital is back
ing him. but does not offer TO give names.
Says Mayor SandersOn: Il shall certainly
look into the matter very thoroughly before
approving any such franchise if it ever gets
to me. | do not know who are behind Mr.
Hartzell or what the object is, but l can as
sure you that / shall investigate very thor
JugbIy indeed "
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
CRUEL FOOTPADS.
4 Surveyor Robbed and Seriously
Wounded by Them.
Three Of Them Waylaid Him in Brooks
Street and Shamefully NAL
treated Him.

R. E. Carson. surveyor. living at q
Hincklcy alley, was brutally assaulted and
robbed at an early hour yesterday morning.
Policeman J. j. Connolly was going on
duty at 6:3O o'clock, when Carson staggered
up to him on Kearny street, between Post
and Suffer. and exclaimed: Il have been
cut Take ne to the hospital"
Carson was weak from the loss of blood,
which still spurted from a wound in the
right side Of the neck. The wounded man
was taken to the Receiving Hospital, where
he was only able to give his name and adj
dress The Assistant Police Surgeon found
that a cut extended from the chin to the
back of the neck, narrowly escaping the
jugular vein.
1t was evident that the blow had been
dealt from behind. There were also sew
eral scalp wounds, made by some blunt
weapon. Inquiry revealed that robbery was
the motive of the assault. for CarsOn's
pockets were turned wrong side out and
nothing Of value remained on his person.
THEIR PLUMBER WAS NOT GREAT
F. L. Lindwall, the owner of the house in
which Carson has lived for fifteen years,
said that Carson had a silver watch, gold
chain, scarf-pin and some money when last
he saw him. They went together to a meet
ing OF the Austrian Benevolent Society at
Druids' Hall, but departed separately.
When Carson recovered consciousness in
the afternoon he said that after leaving the
meeting he visited several saloons and be-
came intoxicated. While passing through
Brooks street three men spTang upOn him
and began TO rifle his pockets. When he re-
sisted one of them drew a knife. slashed
him across the neck and stabbed him in the
back of the head as he was falling.
CANNOT IDENTIFY THE ROBBERS.
After he fell down the garrOters kicked
and beat him severely Carson is rapidly
recovering from his injuries. He says he
does not think he could identify the rob-
bpTs Carson Is a well-6nOwn surveyor,
who occasionally goes on a spree, but is re-
gaTded as being very industrious man.
lie was connected with the party engaged
in locating the Alaska boundary line and
returned to this city few months ago. He
could not have had much money with him,
because he borrowed SO from friend on
Wednesday morning.
The Police Surgeons say that there is
some danger Of Inflammation setting in and
causing suppuration Of the main arteries of
the neck. TIE police have no clew to the
murderoua robbers. Two detectives have
been detailed to investigate.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
COOK EXPLAINS.
Hyer's Late Counsel Treats of
the Falsified Papers.

Carroll Cook appeared before Judge Nor
row yesterday to make Il voluntary explana-
ton Of his connection with the Hyer case,
it having been openly asserted that he, as
counsel for Hyer, was to blame for the fall
sifed copies Of the indictment and reQuisi-
ton that were introduced as evidence
Cook gave an account Of how he had re-
ceiYed the papers in the presence of three
witnesses, and Of having commented at the
time about the advantages TO his side that
the interlineations gave him. The papers,
he said, were obtained through j. c.
Brusie Of Sacramento, but he could not
say that the interlineatiols were in his
handwriting.
Judge Morrow said Counsel Cook 5 explana-
ton showed the trend Of affairs very prob
able, and that it was very satisfactory. He
said, Also that the Justification was serious,
inasmuch as the prisoner would have been
DISCHARGED on the copied documents had he
not telegraphed for the original requisition
and Indictment He expressed the hore
that the talsifcations would be traced to
their source.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
NO CONTRIBUTION.
The Miners Will Not Receive
Money From the City.

The sQuabble INDUCED in by the Board OF
Supe rvisors on Monday over the proposed
appropriation Of $1,000 to aid the miners IN
lobbying a bill through Congress in their
behalf raised the question at once Of the
boards legal position in such case-that
is. whether or not it had the power to make
such appropriation. The question was sub
mitted to Counselor burst, aud his reply
was filed yesterday afternoon, from which
the following extracts are taken:
Il find no general law giving the city
power 10 contribute money as above referred
to, nor is there any provision in the city's
charter that gives in express terms such a
right Section % Of the Consolidation Act
provides that payments Of demands tor
certain enumerated objects shall be made,
and none others 1t is evident that if the
municipality has any authority al all TO con-
tribute to the expenses above referred TO, it
must be either 10y Subdivision - of Section
% Of said act, which provides that eX-
peuQlUTes authorized by the Board OF
Supervisors, In the lawful exercise OF their
powers, for objects other than those speci-
fed in the other subdivisions Of the section,
may be paid out OF the Surplus Fund,
specified In Sections 81 and 9S, butnot other
wise OF by subdivision 1 Of Section ! OF an
act entitled An act 10 confer further power
upon the Board of Supervisors" etc, APP
proved March 80 1873: TO pay out of the
General Fund, not 10 exceed $1,000 per
MONTH for objects of urgent necessity not
otherwise provided for by statute
The municipality is created by act of
the Legislature. II IS an institution of the
State, established for certain public
purposes, and for eifecting those pur-
poses it Is invested with certain corporate
powers and is charged with spending
duueS-all either expressly or implicitly
provided for in the statutes. 1t can eXer-
else no powers but those which are conferred
upon 1t by the act by which lt WAS conStl-
tut5d or such as are necessary 10 the eXeT-
Csc of its corporate powers and the per
f0TmauCe of its corporate duties. The
Board of Supervisors has no authority 10
appropriate any OF the revenues OF the city
TX ep, 10 enable 1t to discharge some duty
imposed by law, or to accomplish some oh
jeCt for which tile corporation was created.
Mr.. Dgrst adds that an excuse for such an
expenditure could not be based on any ben
eut the city might hope 10 derive, because
Il could not be direct; It would only De in
c.dental. ami the city could justify financial
ala to q competing railroad or the Nicaragua
Canal on equally good grounds. Nor is
such an expenditure an urgent necessity
within the meaning OF the act. Urgent
necessity here means those things that are
Of vital Importance, and within the scope Of
It's authority ami tue object Tor which It was
created.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
DUNCAN'S FLAME.
McDOnald's Account of His Al.
legged Wife COntradiCted.

Ola Duncan Mcdonald gave some testi-
mony yesterday in the trial Of the suit
against him by Mrs. Ella Qainn that would
not look well in print She claims S203 for
the board of Mrs. Elizabeth Ward Ne
Donald, the robust Scotchmau's alleged
wife
Duncan Indignantly denied that he had
ever considered Elizabeth Ward his wife.
lie declared that If he ever had called her
by that endearing title il was q ] Ike He
sWOre positively that he had never been
married to the claimant Of his name and
purse, and SAID that he first met her on
Leidrsi9IH street al o'clock one morning
In 1915 one year after his alleged marriage
10 her She then occupied a room on Cali
IOTula street, near the Ul1 Alta office. Iue
boy who claims TO be his son was there at
the time. y ext day he took her 10 the
Eght-mIle House aud drCyc back 10 tile
city.
did you know Rev. Dr. Scott ?"-the
minister Who Is alleged TO have married him
to Mrs Ward.
81 never knew him. and | never have
been In any church but al Episcopal"
Have sou ever heard it said that she was
Brother Charles wife"
Yes, heard that she came frequently to
my ranch demanding money. On one coca
sion the Indians were going 30 throw her
into he bay, but / iAteTleTed and saved her
ufa."
f " Griswold, who had been Melon
AIDS clerk, testified that he bad known tie
defendant since 1870, but hal never seen his
s0-called wife nor tie boy, aud had never
heard Of the marriage.
Cameron II. King testified that Duncan
had never introduced Mrs. Mcdonald to
MIN as his wife.
Supervisor Tabor, who lived near the Nc
Donald ranch from 1872 to 1876. said be fire.
queHt.y saw there the woman who calls her
self MIS-. Mcdonald, but no one believed LeT
story.
Maria K-nigau, a withered woman 70
years Old, said that she lived at the house
on Ellis street where Duncan and the claim
ant boarded. All the neignbors called the
woman Mrs Mcdonald, and when she went
away Duncan paid the rent which she had
left unpaid.
The defendants sister, Rose Williams.
took the stand and gave some important
evidence IN favor or her alleged sister-in- law.
She said that her deceased brother, Charles,
tod her that Duncan had married The
woman and tha, lie was tie father Of her
child
The case will be submitted this after
noon.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
NOT FOR THE JURY.
Probable Cause as Il Defense 20
Malicious Prosecution.

One Of the few corner grocery stores in
Blonville, Mendocno County, has OBJ
tanned an advertisement there that will fill
its rivals with clagrin and wrath. A little
game that was played over its counter was
the reason of a decision given yesterday by
the Supreme Court. Among the wares dis
played in the store, which was managed by
Z. Ball, was a certain kind Of baking pow
der, prepared by a San Francisco firm,
which gave prizes TO every purchaser.
Whoever bought package Of the powder
Tor 90 cents obtained an order for piece OF
crockery. and on the payment OF IL cents
extra card bearing 100 numbers.
a prize Of silYerWare came with each 100
cases Of the powder, and the purchaser Of
each case had a chance TO obtain the prize
The customers shook dice for the chance,
each paying the store 10 cents for the priv
iege in addition 10 the prce Of the can.
Among those who threw dice for the chance
on this particular card was L. +. RaWles.
Rawles and Ball had some words about
some young women before the dice game
was settled, and he subsequently had the
grocer arrested for conducting q gambling
game.
Ball, who, il appears, was not the owner OF
the store, retaliates by having Rawles ar
rested for malicious prosecution. and JudG-
ment was given in the defendants favor
Ball appealed TO the Supreme Court from an
order denying a new trial and his appeal
was sustained. The supreme tribunal held
that the trial court had erred in lnstructlng
the jury that, to entitle the plaintiff to re-
cover, it should find from the evidence that
the prosecution complained Of was com
menced by the defendant through malice,
and declared that the plaintiff must not
only establish malice on the part Of the de-
PENDANT. but probable cause.
Malice" it said, lis always question
of fact for the jury, but whether the de-
PENDANT had or had not probable cause for
instituting the prosecution is always a mat
ter Of law to be determined By the Court
This question can never be left to the deter
minatiOn Of the Jury"
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
MICR0SCOPISTS.

Election Of ohicers-Interosti Paper
on Heart Disease.
The annual election of officers of the San
Francisco MicrOscopcal Society was held
on Wednesday evening aud resulted as fol-
lows; President, A. II. Brsckenfeld; Vice
President. DR.. J. NJ. Selfridge; Recording
Secretary. William L. 10y; Corresponding
Secretary, George o. Mitchell; Treasurer,
Charles c. Beidy.
TIE society, according to the Secretary
and IreaSurcr's reports, shows a net gain
Of twenty members for tue year and a sur
plus Of $780, alter the payment OF all obli-
cations.
DR.. NJ. c. O'ToOle read very interesting
paper entitled "Obseryations on Structural
Changes in Diseases of the Heart" which
he illustrated with microscopic specimens
prepared from the heart of lawyer, whose
death led to long contest with life in
suTauce company fifteen years ago.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
LARGE COMMISSIONS.
More Disclosures About the Pa
Cific Endowment.

More Of the very true inwardness Of the
Pacific Endowment League was exposed in
Judge Stacks department at the hearing
Yesterday, at which the same large and
eager crowd Of coupOn-hOlders was present
numbering upward Of 200
Pres dent Lueders occupied the stand
most Of the day. Id said that per cent q
month, compounded monthly, was charged
on unpaid or delinquent assessments. In
regard TO a previous statement that $50, 600
had been saved q short time ago by buying
up coupons he asked 10 make the correction
thar tie amount saved was the difference
between their face value, S66,O0O, and the
amount due on these assessments.
Some Of the members SAID he got the
full amount Of their coupons. We COM
promised Wlth some at 10 per cent or did
the best We could. Ii was left 20 the judg-
ment Of the cashier to buy the coupons as
ehedply IS he could"
lie could not say whether some Of the
members received less than half the amount
paid IN. Mr. LuedeTs admitted that he Is
not under bonds. The Treasurer has given
$4,000 bonds and the Secretary $500. One
OF the Trustees has given a 5000 bond.
Daring the afternoon Mrs Ellen FuTlOng
one Of the cJup0n-hoiders, was called a
witness. She testified that she joined the
league upon tie smiling representations
made by the promoters, chiefly the Presi-
dent. and she was assured at the time that
she would not have TO pay, under any cir
CumstauCe. 10 exceed two assessments
month. The fact has proved that not on Is
two, but more than 200 have been levied in
one month. She also testified that she was
assured by tie President Of s. commission
for each new member she brought in, and
on the strength Of it she induced between
forty and htty to join. Instead OF the
promised s. commission she had actually
received So, and yet the books show that
all those commissions have been paid.
] he testimony thus far has gone 20 prove
that President LuedeTs Is the only member
Of the league who has ever received any
very substantial commissions for member
ship. and the commissions have been col
lected by somebody at the rate Of s. each
on a membership Of 1000.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
LACE CURTAINS

LACE CURTAINS
ARE VERY Low JUST NOW. A
FINE QUALITY FOR So 90 A PAIR {;
THE BEST EVER SOLD FOR THE
PRICE. TODAY FRIDAY) Is REM
NANT DAY. ALL ODDS AND ENDS
AT COST. TAKE ADVANTAGE.
LADIES' FAST BLK HOSE AT 25C,
UNEQUALED; CH1LDREN'S AT loo,
VERY GREAT.
SEE OUR WINDOWS PRESS pr Sr. GQgo p
EMBD H'KFS, HOSIERY, MUSLIN UNDER,
WEAR, RIBBONS. LACES AND EMBROID-
ERIES AND MEMS UNDERWEAR. ALL AT
UNUSUAL PRICES.
MAIL ORDERS Wanted AMI Filled
Honestly, Promptly and Carefully. Sam
pies sent anywhere.
Packages delivered to all suburban
towns.
REST LIGHTED STORE IN The CLZY
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
TRAINS
" eek Days
EXCURSION RATES.

Thirty-Day E1cuTslon-Round-tTip Tickets, 10 am
from all stations. at rs per cent reduction fro
single tariff
Friday TO Monday MISUNDERSTANDING Tickets
sold on Fridays Saturdays and sundays. good So
return following MONDAY: Camp Taylor. ODE
TocaIoma and Point Reyes, 81 70 Tomsles, - O08
HowRrds, 81 so, Cazadero. 10.
Sunday ExcurSton-HOunQ- Trip tickets good 03
day sold only: Camp Taylor 81 IS; TOcaio!nb
and Point Reyes, 81 so.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05

REsT LcH1ED STORE IN HE cIY
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05

Mayor Sanderson is in receipt Of a small
bound volume Of letters, written by James
Perkins, member OF the London CommoH
Council, from different points on his recent
tour around the world and published in a
written while Mr.. Perkins was taking in
the sights of San Francisco, and many Of
the city's peculiarites, as seen through the
eyes Of an intelligent LondOner, are quantity
and pleasantly described. He refers TO the
Mayor Is His Worshipful Honor" aud
pays him MANY pleasant compliments for
cOuTIesIeS extended while here.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
san FRANCISCO AND N. P. RAIL Way

mo. w. COLEMAN f. b, LATHAM,
General Manager, Gen. Pass TKt A.
General OddCess Ia SansOme street.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
Urged by the froduoe.aTen.

Following is the substance OF a resolution
recently adopted by the San Francisco Prod
nee Exchange and filed yesterday with the
Board Of Supervisors:
7 hat the Produce Exchange respectfully III ges
upon the Board OF Supervisors prompt action 10
conveying 10 the United States Government the
hftyfOur acres Of land near Point LObOs, selected
by the Unted States engineers as the best site
for Notifications designed 10 protect san Fran
cisco from bombardment; that we are convinced
That public sentiment heartily approves the gift
of this tract for this purpose FOR 81 or other
nominal consideration, and that 1t should be
done immediately
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05

convention Of the Y. w. c. 4. OF the Pacific
Coast have chosen the following Directors
and officers: Three-year term-Mrs. Ed
ward Thompson, Miss Miudora Berry, Mrs.
William Abbot, Miss Grace Playter and
j. \. Beard, Mrs. w. f. Whitcom0. Mrs
William O. Gould, Mrs. c. H. Fowler and
Mrs. George ~. Gibbs; one-year term
Miss Jennie Smith, Mrs. G. W. Prescott,
Miss Alice Bailey and Miss Hun Miss
Alice Bailey was chosen Treasurer and Miss
jennie Smith Of O.ympIa SECRETARY.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
A Coauette,s Hnbeas Corpus.

30 All Gun, Chinese coquette, arrived
on the Gaelic and left by the same steamer.
after proving that the "next best friend"
does not always keep en- rapport with tho
other. She was refused landing and Attor-
ney Lande. acting for her next best friend"
swOre out writ of habeas corpus. When
the Marshal arrived aboard ship she re-
fused to 60, having found another lover.
She went back to China happy, and Lande
came ashore detected.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-05
STAGE CONNECTIONS

Stages leave Cazadero daily except Mondays soe
Stewards Point, GualaA, Point Arena CudsyS
Cove navarro MeudoCiuO City, Fort Bragg snd
nj POINTS OF the North Coast