davidaulloa/AmericanStories huggingface dataset:
The morning call., 1892-08-26
TO AVOID APPEALS.
The Supreme Court Offers Some AdvIc,
ts Courts and Attorneys.

The supreme Court Offers Some Advice
ts Courts and Attorneys.
The Supreme Court yesterday affirmed
the Judgment and order OF the lower court
In the case of People VS.. Faulke. VINO was
convicted of grand larceny and appealed
from the Judgment and order denying him a
new trial.
In the course of the opinion the court
gives the following general advice: "If
District Attorneys. as well as courts would
De careful while framing instructions not
20 tread on that dangerous border land
which lies between matters Of fact and mat
tefS OF law the decision of the tribunal would
rarely be changed and the occasion for an
appeal would be avoided. After proposi-
tion OF law involved in an instruction has
Deen often approved upon appeal the trial
court VIII obvlate further appeal thereon IL
IL VIII limit Its instruction upon that prono-
sltion TO the terms in which it has been an
proved rather than attempt u variation
upon such terms.
Many of the appeals which we are
eaIed upon to consider involve only the
necessity OF determining the effect of such
variation, and the reversal OF a Judgment is
often caused by the introduction of some
phrase or expression which appears to re-
SUIT not so much from purpose to present
oiHerent proposition Of law as from desire
10 express that proposition In different
language"
The morning call., 1892-08-26
ON LAND AND WATER.
The Contest Between the Lurltne and the
AgGie-Lawn TenDis-FootbaII.

Aggie-Lawn Tennis-FootbaII.
Members of the Pacific Yacht Club are
speculating on the result of the contest be-
tween the yachts Lurline. Ageie and Jessie,
which will take place on Admission day
over the old bay channel or inside course OF
the club. The yachts are fairly equal in
size and from past performances they should
make very good race. 1t is understood
that Commodore A. b. Spreckels OF the
Lurline has signided his Intention of placing
little money on the result of the race.
The Lurline flies the pennant, having won
the Fourth OF July ocean race.
Tennis-players are practicing constantly
for the doubles and singles championship
tournament which will be held September
at either San Rafael or the Oakland Tennis
Club grounds Teams from clubs which
represent the association will participate.
Handsome cups will be offered for cOmpeti-
tion. The ladies' single Championship will
attract the principal attention, as all of the
most expert lady players In the State have
sgnlhed their intentions of participating.
The following delegates have been ap-
pointed 10 meeting Of Gaelic football
players, which will be held Sunday at
knights OF the Red Branch Hail, viz: j.
Iobin, Nj. Sheehan and J. Sullivan OF the
Port Costa Club; j. Donovan, Il. HaskIns
and NJ. j. Kelleber of the PaTneil Club; j.
I {. ToOmey, NJ. Hanrahan and J. Kelly OF
the Oakland Club. The pin pal object Of
the meeting is to arrange schedule Of
games TO be played during the winter months.
dispatch from Montreal, Canada, states
that w. II. Quinn, formerly Of San Fran
cisco, has posted forfeit for wrestling
match OF five styles with Ernest Roeber
for $500 side. Quinn says that If the
latter will not accept the deposit will stand
good for match with Evan Lewis in five
styles, viz two falls, collar-and-elbow,
catch-as-catch-caB and toss TO decide the
fifth style. Quinn has also signified his
intention of wrestling any man In the
world at c0llar-and-elbOw
The morning call., 1892-08-26
THE FRUIT CAR FAMINE
Lack of Facilities B0thers the
Shippers.
They Must Have More Cars or They Will
Lose kueh Money-What Mr..
Langley Says

more carsI More cars!" Is the cry OF
the fruit-shipper.
Much good fruit will go to waste, because
the refrigerator-ear companies do not pro-
vide proper facilities for their patrons.
This is the busy season in fruit-shipping,
and the shippers are much worried because
they cannot get cars to send out their
fruit in.
1T is oil the fault Of the refrigerator
men," they declare. ''They don't handle
their cars properly and don't send out
enough Of them"
"Our firm could use 20 more cars to ad-
vantage to-day" said Thomas Z. Langley
Of Cook g. Langley, the big fruit-shippers.
yesterday. 1--WE are crippled because Of
the lack of facilities provided, aud all of u
who are in tine business very heavily are
anxious because Of the condition Of things.
We hope it will not last long. for ii would
mean considerable loss TO u.s."
ARE not the railroad companies at
fauitV was asked.
They are to this extent: They are irving
10 get rs to use the ventilated fruitcar in
stead Of the relrigeratOr-cars. which we all
prefer"
How many refrigerator-cars are there
in use for the California trader"
Twelve hundred. There should be more.
but II they were all handled properly these
might be enough. 1t is largely a question
OF the proper dispatch OF the cars, and
believe this could be done if care were
taken"
Other fruit-shippers held the same opin-
ion. One man thought that il the refrig-
eratOr-car companies could not do any bet
Ter the big fruit companies ought to combine
and run their own refrigerator-cars.
"FentllatOr-cars won't do" he said.
They viii carry fruit in good condition no
further than Denver. 1t is simply ridicu-
lous to try to send it to New York in that
way. We must have refrigerator-cars with
plenty Of ice."
rs there no way the fruit shippers can
get around the difficulty except by making
their own cars ?" was asked.
well, perhaps if we should make a big
fight we might do something. / am glad
THE CALL has inquired into the matter.
jog EN- mp; Jog 'em up. and we may be
able to get good car service yet"
The morning call., 1892-08-26
THE ALLEGED LOTTERY.
Chief Crowley Sustained in suIt Brought
Against Him.

Yesterday the action brought by D. j.
Jones against Chief Crowley and Judge Rix
to recover certain books and papers raided
by the police in the belief that they con sti-
tuted a lottery outfit was dismissed by
Judge Hunt on motion by plaintiff.
The prosecution wished 10 use the books
and papers in demand to prove that the
business of the plaintiff was illegal, and a
test case was made in the admittance of a
letter believed TO be especially damaging.
The court ruled that while in criminal
cases the admission of evidence obtained by
what was claimed to be Illegal means might
be questionable, In civil cases this did not
apply. In case such as this the defenda ant
could make plaintiff his own witness and
use any documentary evidence in plaintiff
possession TO establish defense
Therepon the plaintiff s attorney threw
up the sponge" by the motion 10 dismiss
referred 10. The plaintiff will pay all costs
and the result of the case is victory for
Chief Crowley and public decency, the pre-
SUMPTION being that il the papers had not
contained evidence of the lottery their ad-
mission would not have been opposed.
The morning call., 1892-08-26
A NEW PANEL FOR SIDNEY BELL.
His Trial Receives Setback and Must
Be Begun Ag ain.

The matter of the impaneling OF jury to
try Sidney Bell for robbery was resumed yes
terday morning in Judge Murphy's court,
but speedily received setback.
Ten jurors had been sworn TO try the case
ard the prosecution had exercised five per-
emptory challenges. Juror f. H. Monroe
was then peremptorily challenged by Attor-
ney Hosmer, when Bells attorney asked
that the entire parel be dismissed on the
ground that the prosecution had exercised six
perenpiory challenges, when IL was only en-
titled To i've in case OF robbery. Attorney
Hosmer had thought there was a prior con-
yiction against Bell. in which case he would
be entitled to 10 peremptoTy challenges.
The court ruled that the motion was in
order, dismissed the jury and ordered a
mo rniup
The morning call., 1892-08-26
Burglar o'NeTI Committed.

Burglar John O'Neili waived examina-
tion yesterday afternoon when his case was
called In Department of the Police Court.
Judge Love committed him for trial on two
charges OF burglary. setting bonds ut 5000
In each case. O'Neill is the man who was
captured by brave Mrs. Mary Garriek
while he was breaking into her house at 951
Mission street Sevsral days before that he
looted the house of A. Servant at is Louise
street.
The morning call., 1892-08-26
BY THE EAPE OF THE NECK.
A FootpRd Practices the Latest Fashion
I'm Robbery.

!" OOtPHu "OtIcoS THU IatHst It THshIon
In Robbery.
There are fashions In everything. Even
footpads form fashions for themselves. q.
Frank claims 10 be victim of the latest in
robbery. Frank is a nervous little man, and
he was trudging along Broadway, between
Stockton and Dupont str eets, on his way
nome early yesterday morning. when a
risky footpad pouneed upon him. Peter
Gulstetti was the footpad, and he had a
new fashion in robbery which he speedily
put INTO execution. He seized Frank by
the nape of the neck, forced him to the
sldewa TX and held him there while he took
20 piece with his right hand from a
pocket OF his victim.
The garroter fled, but Frank followed.
shouIIng, Stop MN, stop the thiefl" OFF,
GERS reynolds ana Furlong hove in sight.
arrested Guistetti and charged him With
The morning call., 1892-08-26
The Pow-Il-street Pier.

At the meeting Of the Board OF Harbor
Commissioners yesterday b. Mcmahon &
Son, contractors for the construction of the
Poweii-stroet pier, complained in a cen-
mHnication that unless the PaTsffiae Paint
Company rush the work Of coating the piles
they would be unable TO finish the wharf in
go days. much less 80 days. The board was
requested TO take the necessary steps to ex-
peaite the coating of The piles. The engi-
neer was directed 10 nctify the paint COM
paDy TO push tho work.
The morning call., 1892-08-26
LITTLE ALICE'S GUARDIANSHIP.
Jury-Fixer squires' Daughter to Be
Resdopted.

Yesterday Antoine Decio, father OF little
Alice Decio. the adopted daughter of j. II.
SGuires. the jury-briber and ex-stage rob
Der, came into Judge Coffey's court and
flied petition asking that Charles Hol.
brook, secretary Of the Society for the L re-
veniion OF Cruelty 10 Children. be appointed
guardian Of his daughter.
Antoine is employed at Arcats, Humboldt
County, AID earns a good salary. He
thought Alice was comfortable In charge
OF her grandmother and was much perturbed
by the news Of her adoption by Squres and
subsequent ill-treatment as recited in the
recent application of the grandmother to be
appointed guardian. lie will willingly pay
for Alico's schooling.
The petition will be heard to-day week in
Judge COffey's court.
The morning call., 1892-08-26
PACIFIC COAST STEAMSHIP co.

DISPATCH STEAMERS FROM SAN xs<a-
IL Francisco for ports in A aska A. NJ ENR
Septs.<1er and october g, p.
For BrlIish nI CoIumbia and Puget Sound ports,
August y, Sept. ana oct, /. o, II. l6, 2l. 70.
For Eureka, Humboldt Bay. Wednesdays, A. NJ
For Santa Ana. Los Angeles and all way ports
every fourth and fifth day 5 A. NJ
For San Diego, stopping only at Lee Angeles
santa bar Oara and san Luis ObiSpo, every fourth
and fifth day at IL A. ".
For ports in Mexico, first OF each month.
Ticket Ofice-Palsce Hotel, New Montgomery ST.
GOODALL, PERKINS & CO. General Agents,
II Market ST kranetSco
The morning call., 1892-08-26
Did Deutch Appropriate Her Money!


Mrs. Kate James of 81 Howard street
swOre out a warrant yesterday that caused
the arrest of Ike Deutch, a young book
keeper, on charge OF felony embezzle-
ment. Deutch was q stOckbrOker at 3O4
Montgomery street, but failed seven months
ago. Mrs. James alleges that she gave him
500 with which to purchase stocks and
that he appropriated the money to his own
The morning call., 1892-08-26
Opium Cases App.nled.

The 2i Chinese convicted Of selling opium
without physicians prescription were
fined $50 each 10y Judge Joachimsen yester-
day. An appeal bond was filed in each
case. There are two ordinances relating TO
the sale Of opium. One provides that opium
The morning call., 1892-08-26
FOR PORTLAND &ASTORIa. OREGON.

THE UNION PACIFIC SYSTEM H~a
Ocean DiviSton-and PACIFIC COAST Elasfy
STEAMSHIP COMPANY viii dispatch from Spear
street wharf. az 10 A NJ for the above ports OF
their Al iron steamships. viz:
STATE OF CALIEURNIA-Augus 2I Septem-
Der . Ia. %.
CoLUMRIA-August1 IT, 29, September 0, 90.
0REGON-August IS. IS, September 6. Is. so.
Connecting via Portland with the Union Pacific
and other diyergng lines for ali points IN Oregon,
Washington, British Columbia, Alaska, Idaho,
Montana, Dakota, Utah, Wyoming. Yellowstone
Park and ali points east and south and TO Europe.
Fare to POrtand-CaUin, S16; steerage, SS; round
trip, cabin, $50.
Ticket ofhees-l Montgomery street and Palace
Hotel, New Montgomery street.
Ere ght office, 200 California street
GooDALL, PERKINS \ & CO, Supt. Ocean Line.
itf 10 Market street san Francisco
The morning call., 1892-08-26
COMpaGNle GEEEHALE

X \ y a t l. A y TIQUE
Freach Line to Havre.
EGMPANY'S PIER (SEwl, AZ NORTH ea
y River. foot OF Morton st. Travellers by SSSSx@
this line avoid both transit by English railway All
tie discomfort OF crossing the channel In small
heat
LA TOURAINE. Capt Frangeul. ul...........,.
s,........... Saturday, sept sd. 4 100 A e
IA B0URG06NE, Capt. Leboeuf. ,,,,,.,....
s................ SATURDAY.. SspL 10Th, > 80 Az
La CHAMPAGNE Capt Boyer..,,.,..,,,,..
...........,.-.. Saturday. sept. 18th. 400 Az
La BRETAGNE, Capt Coilter..................
..-....... ~ai d:t. l. 24th, 500 AM
- For further particulars apply to
A FORGET, Agent,
No. 8 Bowling Green, New ork
Gan Francisco N'
branch Orice, ls Montgomery street. mr2vs,
The morning call., 1892-08-26
Licensed to AIarry.

Licenses to marry were yesterday issued
to the following:
John A. RonsheImer and Pauline w. Hage-
dohm, 27-25.
Wilhelm RaZle and Katie Schaber, 24-24.
Otto T. Nalzen and Mary +. Lewis, 23-1S.
Feliee Lanten and Teresa Semandoese,
26-21.
Richard Keyser and FlOrentne FRANKIE, 46-
80
The morning call., 1892-08-26
Captain and Sailor Arre.ted.

captain John Reid Of the British ship
Durhain, lying at Lom mbard-strest wharf,
had tilt yesterday with Seaman William
broad Ihe master settled the argument
by striking the sailor in the face. Rroad
The morning call., 1892-08-26
WHITE STAR LINE
ROYAL MAIL STEAM PACKET co.

SrEAMERS LEAVE ASPIN WALL es~a
- tortnightly for ths West Indies and x4stsSlzH
southampton, calling route at CherOourg,
France, and Plymouth to land passengers.
Through Bills OF Ladng In connection with the
Pacific Mail y Co, issued for freight and treasure
10 direct ports in Eng land and Germany.
Through tickets from San Francisco 10 Plymouth.
Cherhours. Southampton. FiTst-class, $l95; third
class, Ss7 so. For further particulars apply TO
q PARROTT x Co, Agents. 800 California st
The morning call., 1892-08-26
Killed by an Electric Car.

William Walker. the ship carpenter, who
was struck by an electric car on Bryant
street, near Third, on August IL, died at
st. Luke's Hospital yesterday from the
effects OF his injuries. The deceased was
aged 62 years, native of Maine, and lived
with his family at 204 Ritch street. His
death Was reported To the Coroner,
The morning call., 1892-08-26

for smoking purposes can be sold by those
possessing a license. while the second pro-
can only be sold upon a physcian'' pre-
scTiption. The Chinese will appeal the
cases TO the Superior Court on the ground
that the opium sold was only fit for smok-
The morning call., 1892-08-26
OCEANIC STEAMSHIP COMPANY.

THE SPLENDID 5OO0-TON STEAMERS sss.s
L of this line. carrying United States, xAsssssS
Hawaiian and ColoniaI mails, sail from FoiSom-sL
Wharf as under;
FOR HONOLULU ONLY,
IS. AUSTRALIA, WEDNESDAY Aug 81 at2P r.
FOR HONOLULU. AUCKLAND AND SYDNEY
SIS. MoNoWAI. FRIDAY. September l6, at ? =. "
For freight and passage apply at ofHcs. s27 Mar.
ket street j. ID. SPRECkELS & BRUS. CO..
&6H General
The morning call., 1892-08-26

threatened to 'fx" the captain, if he should
receive six months for it, Later in the day
Two warrants were sworn out Captain
Reid was arrested for battery and Seaman
broad for threats against life,
The morning call., 1892-08-26
For SIasIiinr Hi. xyifa

Edward Van Dorm, vino slashed his wife
on the neck and breast because she loaned
dress to nelghbor without asking his
permission, was examined yesterday and
held Tor trial In the Superior Court on a
charge OF assault with deadly weapon.
Mrs. Van Dorn's wounds were only of a
superficial nature, bot blood poisoning set
IN and she Is now said to be In serious con-
dition.
The morning call., 1892-08-26
STEAMERS For STeGKI0a
SAN FRANCISCO.
iVl2 weErSu tF

7 EAVE wASHINGTON-ST. WHARF DAILY
IL except Sunday at p N.
Steamer j. ID. Peters-Monday, wednes day and
day and Saturday.
CALIFORNIA NAVIGATIoN AND IMPROVE
MENT COMPANY. iyl0t
The morning call., 1892-08-26
OCEAN STEAMSHIPS.
PACIFIC MAIL STEAMSHIP CO.

IPRoUGH LINE TO NEW YORK. VIA PANAMA
steamers VIII sail at the 5th. ss
18th and 25th OF each month calling at AEfssz
Ssrious ports of Msxico and Central America
Through line saiiing5-AuguS %. IS City of
sydney sept mOer 5rh SIS San Jose; September
10, IS san Juau.
WAY LINE TO MEXTCAN AND CENTRAL
AMERICAN PORTS AND PANAMA
STEAMER SAILS All NOON 18TH OF EACH
MONTH. calling at Mazstlan, san Bias. Manzauilio,
Acapulco, Port Angel, Saina Cruz TOnaIa 'S21
beatto Ocos Champerico, san jose de Guatemala
Aeaiutls, La Libertad, La Union. AnapaIa Coriasa
saI. Juan del Sur and Punta Arenas
way hne saiiing-SepteHber 19th, at ~ O'Clock
noon -. City of Panama.
Whtn the regular sailing date falls on sunday
steamers VIII lie dispatched the following Monday
JAI AN AND CHINA Line
FOR 1OkOHAMA AND HONG KOyJ
Connecting at Yokohama with steamers Eor
Shanghai and ct Hong Kong for East Iudlsl
Straits ETC.:
Siiy OF RIO de 'aneiro. Saturday, Aug. 81 st3ex
tlty o. tckltE saturday, sent z at p "
emma eva onoiuiu) Tuesday, Sept. 81, at 3 N
ftIu. 81 turday. pctoner &, at p. NJ
RoGnd-triD tickets to Yokohama aa1 return AZ l.
cuoed rates.
For Freight or Passage apply st the o1rcS corax
First aud Branuan streets.
Branch OffcS-20Z Front street.
ALEXANDER CENTER, General Agent
The morning call., 1892-08-26
RAILROAD TRAVEL.
NORTH PACIFIC LOST RAILROAD.
...:FIA....
SAUSALETC FERRY.

From SAN RAFAEL for SAN FRANCiSCo (week
days-6:10. GAS, 7:45, 9:I5 II :O5 A N; I:45
$3.50, 5 100 p. NJ
CsnndaysJ-S:00 9:45. II 100. 1850 A. NJ: I:IO,
2:25. $40 5:l6, sos 700 P X Extra trip on
Saturdays at 6:25 P. NJ Fare so cents round
The morning call., 1892-08-26
SAN FRANCISCO AND n. p. RAIL WAY:

nc 11"H17FA1N nc III ""Na tuHS AFOuIs'
COMMENCING SUNDAY PEIL "a. 1909.
~ and until further notice. boats and trains wifi
leave from and arrive at the Sah Francisco PasssH,
ger Depot, Market-street wharf, as follows;
From San Francisco for Point Tiburon.
BeIvedere and San Raj ell.
WEEK nAYS-7i+0, 9:20 II 30 4. NJ; $780, 8 ,SGs
sos. 6;20 p. ".
sUNDAYS-s 90, $3.50. II: 200 A NJ; 1880. s:Sa
St. Paul daily globe., 1892-03-29
THE IMMIGRATION BOARD

Determine the Present a Good
Time to Secure Settlers.
The adjourned meeting of the board
of immigration, acting under the au-
spices of the chamber of commerce, was
held yesterday afternoon in the Cham
ber of Commerce building. E. j. Hodg-
son presided. Manly B.. Curry read a
prospectus he had prepared, showing
the great advantages the state offered
at the present time for Secur-
ing immigration. Mr.. Curry urged
the need for advertising the
great crops of last year. He also point
ed out the present boom in the Mesaba
iron range, which, together with the
general trade improvement, enabled
them to offer intending immigrants ex-
ceptional advantages - advantages
which could not be offered by any other
state. The members present thought
that Mr.. Curry's prospectus was too
elaborate; that what was needed was
short statement showing the objects Of
the board. Messrs. Curry, Groat and
Phelps were appointed a committee to
prepare such statement. Bylaws
have been adopted by the board.
According to these each member
holds Office for three years. There are
fifteen members of the board, and, 80
that five will retire at the end of each
year, draw was taken to determine
the terms. The result was: One year,
w. w. Braden, M. B. Curry. E. j.
Hodgson, E. V. Smalley; two years. e.,
Refs, L. LIE Vasseur, II. Clarke, Arch
bishop Ireland, G. H. Lienau; three
years, P. B. Groat. S. E. Ponthan, E. F.
Phelps, Wright, Glenn. Three officers
were elected. as follows: NJ. b. Curry,
vice president; A. S. Tallmadge, secre-
St. Paul daily globe., 1892-03-29
AT THE HOTELS.

At the Clarendon-J. j. Morris, Milwaukee;
Il S. TAllman. Morris: John BarriStoW, Chi
cago; f. W. Lading, Milwaukee.
At the Windsor. W. Ludwick, New York;
George II. Broadhurst, Grand Forks; G. T.,
Taylor, Omaha; j. II. Williams, Chicago.
AT the Ryan,. 7. KeEney, Trenton, N. j.; !;
James f. Wilson, Menominee; W. J. Carroll.
Omaha; E. D. Cohn, Boston; +. E. W atsop,
St James; W. L. Temple, South Bend, Ind;
j. r. hite Philadelphia; a. P. Richardson.
Chicago.
At the Sherman-J. yaughn, West Superior;
j. b. Copeland Crookstop; N. Smith, Su-
perior; w. T. sheppard, Grand Forks; D. A.
Halstead, Croekston; w. c. Stewart, Mil
waukee; William Muffit and wife, Chicago;
V. j. Henley, Minneapolis.
At the Merchants'-M. Hogan, Sauk Cen
ter; W. B. Jordan, Miles City, Mont: jeff
Carson, Davenport; Ezra G. Valentine,
Breckenridge; f. w. Woodward. Eau Claire;
George F. Fuller. Moorhead; L. A. Nichols,
Faribault; D. II. Merritt Duluth; Donald
Grant, Faribault.
St. Paul daily globe., 1892-03-29
FISHER HAS The PULL.
Bright Outlook for the Du-
luth 81 Winnipeg
Road.
President Fishers Friends Sc
cure Control Of the
Company.
The Thomas Concert Delights
an Audience Of Music
Lovers.
Board Of immigration at Last
Gives Signs Of Ae-
tivity.

The principal stockholders of the Du-
luth & Winnipeg Railroad company held
a meeting at the Merchants last evening
to consider the matter of terminals for
the road at Duluth and Superior.
Among those at the meeting, which was
held in Room "a, were President w. Ii.
Fisher, Donald Grant and d. W. Grant,
of Faribault; John A. Bowman, of La
Prairie; S. E. Dawson and l.. l.. Z.
Brooks, of ST. Paul. These gentlemen
are all stockholders i'll the North Star
Construction company, which has
built the road and is operat-
ing it. During the past few
days the friends of President Fisher
have obtained control of what has
been known as the michigan stock"
which has for some time been used as
a disturbing element.
Some of this stock was taken by
stockholders in the Duluth, Mesa6a "
Northern, and shows the close alliance
of these two roads. The holdings of
Mr. Fisher and his friends amount now
to $675, 900 out of 81 ,065, 900, which is all
the stock out. This inSures them coll
troll and Mr. Fisher the opportunity
to work out his plans for the
completion of the Duluth & Winnipeg
system. The value of this road, which
is now only in the course OF cOnstruc-
ton, may be estimated from the fact
that it is showing net profit of $4,000
per month. One of the stockholders, in
speaking of the prospects of the road
last evening, said:
"The Duluth IL Winnipeg is today the
best railroad property in Minnesota"