davidaulloa/AmericanStories huggingface dataset:
The morning call., 1892-04-14
CRUEL AND UNCALLED FOR.
A Divorce Denied TO Mrs. Della Kelly
by Judge Hunt.

Dy hunt.
After listening patiently to all the testi-
mony in the case of Della Kelly against
David J. Kelly, Judge Hunt expressed
himself as satisfied that they could not live
harmoniously together, yet that he could
not in good conscience grant the separation
Z which she asked.
The kelys have been married since
August, 1871. and are close on the meridian
of life. he aged 40 years and she AZ years.
He is n tanner By vocation OF the firm of
ID. j. Kelly & Co. They have lived at Is
Rondell place and have anassel some real
estate, valued, perhaps, at $1,000 or $4,000.
Hers was long complaint, going into Ir
relevant details OF oft-recurring chickering's.
all intended, as she claimed, 10 degrade as
well as disnOuor and humiliate her before
their children. Much of their troubles
WAS ascrlbed 10 his Incorporate habits.
On the other hand il was shown that he
had been an industrious man and provident
father, Notwithstanding the case for Mrs.
Kelly as bolstered up by her witnesses, and
particularly the iS-year-Old daughter, q
very comely maiden aud very glib take
for her mother.
81 love my father and love my mother
just alike" she said. "and | don't want TO
see either win anything against the other.
! only want 10 tell the truth" On top of
this she ratified off well-taught lesson
oHaiboN htl fnbHCi. say INK thdl uc IL hihu "
her when sober, but when he came home
drunk she is afraid of him. He had threat
ened when intoxicated TO take her life and
that OF her mother, but she still had a
daughters affection for him, although she
had not spoken to him for many months.
Her manner did not impress the court, and
what the Judge thought OF it was expressed
in tie following terse words:
II don't believe the story. and l think /;
very cruel aud uncalled- for thing on the
daughters part to tell it,
As stated before the steadiness of keily's
married life for 20 years was sufficiently
shown, the old man stating that he had done
all he could for his wife and three children,
the latter Of whom he had sent to school
steadily, and now proposed, If he desired.
10 send To the university. While refusing
10 grant the divorce Judge Hunt was Will
ing 10 order some PROVISION made for the
wife and children, and on being told that
the husband had offered 10 give her two
thirds Of all the property said IL WAS very
liberal offer, and gave the wife until Mon
day in which to make up her mind to ae-
cent IL
The morning call., 1892-04-14
D0UBLE-DEALING DIRECTORS.
A Clash in the Affairs of a Fish Packin,
COMPANY.

Company.
In q complaint filed yesterday, Charles
Lundberg asked for the judgment OF the
Superior Court to compel the Boring Sea
Packing Company to show cause why it
should not be enjOined from collecting the
assessment of 81 per share On his stock and
restrained from carrying out a certain con-
tract with the Alaska Improvement Com
pany. The Boring Company was organized
on January 3, 1890. and y. s. Thompson,
James and c. II. Madison and James Eva
have been and are its directors.
1t has sold about GOO of its 10000 shares
Of the par value of SO each, Landberg
holding S05 According to its bylaws il
cannot incur any Indebtedness over 5000.
yet in violation of this provision Lundberg
charges that the directors have fraudulently
sadded upon it deb: of $50, COO and at q
meeting called for the purpose levied the
assessment IN question, delinquent on the
10Th inst Luudberg further saws he offered
his propOrrionate share of the $1,000 debt.
but II was refused by Secretary James
Madison and his stock has been advertised
as delinquent This assessment is claimed
to be void because in violation of the by
laws alluded to-
According to the averments under the
second clause OF action, 1t appears that the
directors named are acting in the same
capacity for the Alaska Company, engaged
In the same business, yet at a meeting on
the 2lst ult, and acting as directors for the
Berng Company, made an agreement with
the other company that the Bering Com
pany should not can salmon during the
year 1892, but should lease its cannerv to
the other company for the packing of 1000
cases of fish for the Bering Company,
though the cannery has capacity for 20,000
cases.
The effect Of this contract is to retire the
Beflng Company and turn all its business
to the rival. rendering valueless Lundberg's
stock. Lundberg has not made application to
Tepudiate this agreement because one Of the
Behring'S directors, Charles A. johnson, had
offered resolution to that effect and the
others refused 20 allow it to be voted upon.
The morning call., 1892-04-14
AN EMPHATIC RESOLVE.


Then it was vigorously resolved bv an
emphatlcally unanimous vote never 10 ac-
cept one dollar less than the full amount of
each claim, and that unless the entire
amount was forthcoming Immediately, GRIM
iDal proceedings should be commenced at
once.
With the exception of Wetmore Bros
claim Of S13S, which had already been as
signed and an attachment issued upon, the
accounts were then and there assigned to
Joseph l.. Shain.
The next thing was the election of Messrs
Gray, Immel. johnson, WetmOre, Demar-
TIM and Dalton 10 form committee, with
full power to act in bringing ID. Levy Il Son
to answer before the criminal courts.
l. pom the advice OF Mr.. Shain the three
IeVys will be arrested On criminal charge
some time today
b. Levy d son have been in business at
their present location for about eight years.
Tie members have quarreled a good deal
among themselyeS-once the old man chased
his eldest son up Kearny street with pis-
tol, and once tine Younger son got into a row
In the store with his brother aud father:
but until quite recently the firms credit has
been considered good. They bought on
time, and usually paid their bills.
To a reporter for The CALL yesterday
Bernard Levy, the senior member Of the
firm, said that all his troubles were due to
the interference Of his neighbor, MIR.
ImmeL He wants to get possession of
lord. Alexander Boyd, for no reason at all.
stands in with him and against us. We
have been notified that after the 14th of
this month our rent will be $500 Hereto
fore 1t has been S125. They want to get Us
out"
But what connection does that have
with the dishOnored check and the pres
ence of the Sheriff Eere? asked the inter-
viewer.
A SCHEME.
'Well, the bank refused to pay the
check. Why they did so they must tell
themselves. Some of our creditors got
overanxiOus; that's why the Sheriff Is
here. It's scheme to close us up"
Is the firm solvent?"
Perfectly. We will pay dollar for dol
lar"
us it true that you have been selling
goods for less than they cost?"
:" sell goods at market rates, and il /
have lot want to get lid of / sell at what
can get We don't make profits on every
thing"
At the bank the concise and pointed in
formation was received that the two checks
of ID. Levy 81 Son were dishonored because
the firm had no balance at that institution
Sigmund and Julius are the two brothers
In The firm. Sigmund married about n
year ago well-to-do lady, whose fond papa
is said to have bestowed cash present of
5000 upon the Bridegroom. The whole
family, including the firm, invested recently
In improved real property at 909 Taylor
street. This has been transferred within
the last few months. il is said, to the female
members of the family.
Bernard and Julius Levy were arrested
last night and booked at the City Prison on
charges oil grand larceny. Other charges
Will likely follow to-day.
The morning call., 1892-04-14
Glove Me, Love NV Dopn

An authenticated copy OF the will of Mrs.
May l. Dayton has been presented for pro-
bate. She died suddenly at the Occidental!
Hotel, in this city. in June, 1891. She was
resident Of Minneapolis and at the time
of her death travelling for her health. She
left large estate in Dakota and also in
the Will here, because she left about $500
worth OF personal property at the hotel.
Alter dispoSiDg o, her estate among various
nonresident relatives, the concluding
clause Of the will reads: II request of nv
executor to pay to Mrs. Wetenhall, on TIL g
LIST OF each month, So as compensation for
the board and care of my dear little dog
'rasso,' as long as said 'rassO' shall live.
and procure for him dog tag for his neck"
The morning call., 1892-04-14
APPARENTLY FLUSH.
Mrs. Mckee Rankin's Efforts to Obtafr
Alimony.


The Rankin case was again before Judge
CARRIER yesterday at noon, on the applca-
ton for an order TO compel Arthur Mckee
Rankin, the actor, TO pay alimony pending
the settlement of The divorce suit.
The attorney for Mrs. Rankin read an
affidavit made in New York City on the ID
inst to the effect that she is sick and desti-
tute and without resources. Mr. Rankin
was called to the witness-stand To rebut
this statement and stated from his reading
OF letter written TO her daughter, Mrs.
Sydney Drew, now playing at the Bush
street Theater, that Mrs. Rankin had
played an engagement at Herrmann's Thea
ter, New York, lasting from the first week
in December until the middle of March,
during which she was paid at the rate Of
500 week, and, moreover, had made an
engagement to play from June at salary
OF 500 week, and her daughter Phyllis
was TO receive $50 a week. Nor was any,
thing said In this letter OF restitution or i'll
ness
Judge CARRIER declined to make any i'm
mediate order. suggesting that all matters
could be brought up again and settled when
the divorce case itself comes on for trial on
Monday. But both counsel were so urgent
Tor an Immediate trial that the Judge gave
them Saturday, suggesting iocularly that
they be ready then, for he would like to be
rid of them
The morning call., 1892-04-14
John Y Ward.
marx

III. Judge
Justice Cook was doubtful whether this
was sufficient signature under the statute
and independent. of the more important
question whether Ward signed at all. or
whether III. Judge" was co-maker or a
witness. But whatever may be the right
view as to the force and effect of the name
OF III. Judge at the bottom of the document
with no explanation accompanying il, the
court was Of the opinion that Ward never
put his mark on the paper and never au-
thorized 1t to be put there by any one else
"Iie swearS," said the Judge. THAT he
did not, and besides showed himself to be
an accomplished photographer. Why man
who can write as good a hand as the de-
PENDANT should place his mark on docu-
ment as this, such as Indicated, is ineom-
prehensible; the mark itself is puzzle and
almost needle a microscope TO discern IL.
The burden is on the plain tiff to show that
this mark is genuine; he should certainly
show that the defendant cannot write-a
condition precedent To the a ceptance Of a
mark for signature. He failed IN this. and
on the contrary the defendant is shown an
expert handwriier"
The morning call., 1892-04-14
A CROOKED TRANSACTION.
Perjury Committed I'm q Case Before
Justice Cook.

Perjury Committed I'm q Case Before
Justice Cook.
II do not find that plaintiffs assgncrs.
OFarrell & Lang, are parties to this
crooked transaction-there is nothing in the
evidence to indicate it. But / am con-
strained to find that perjury has been COM
mitted on the trial Of the case and the Of
Tense does not, in my belief, lie at the door
of the defendant"
SO quoth Justice of the Peace Cook We s.
terday when he gave judgment for the de-
PENDANT in the case of 4. j. Rich against
John Ward to recover $50 for services rem
dered by O'Farrell & Lang during JAM
uary and February in procuring purchaser
for property at the southeast corner o Fol-
som ana Twenty-second streets.
On the proofs the case turned out to be
within the provisions Of section 1924, subdi-
vision 6, Civil Code, requiring the contract
authorizing sale of real estate to be in
writing. To meet the issue q printed form
OF a contract was offered, in which Ward
agreed, In the event of sale before the 1st
inst, to pay q of per cent commission upon
the price OF the property, $500 The con-
tract was signed with an intended cross or
mark rs follows.
The morning call., 1892-04-14
For the YaIue nfaLife.

The Omnibus Cable Company has been
sued on behalf Of the estate of b. c. Howes
for $4,000 damages for his death on the eth
nit. from injuries received on the nth of
December, 1891 On the afternoon of that
day Howes was crossing Stockton street on
the easterly side OF Post street and ear /.
coming down. ran over him. Howcs left a
widow and three children. residents OF South
Yarmouth, Mass, and, according to the
complaint, the married life and association
OF the family was one Of comfort and en-
dearment during his life
The morning call., 1892-04-14
AN UNFEELING FATHER.
John McDermott Arrested for Cruelty to
His Children,

Ills ChlluF6n.
John McDermott is in the City Prison
charged with vagraney. He is the unfeeliug
father who recently refused to support his
two little girls. He has been living with
the mother OF Mary Vioieh. the child who
was married TO Adrian Silyey on Tuesday,
and who was induced by him and her mother
to believe that she would have much hap
pier home as Mrs. Silvey than she could
have with her mother.
The Society for the Prevention OF Cruelty
&c Children will prosecute the child wife's
case to the fullest extent of the law.
Inc father Of the girls promised yester-
DAY morning that if the charges against him
were dismissed he would go to sea and never
return. His proposition was NOT received
with iavor and he will be compelled TO lam
guish. his children will be taken care of
Dy the Society for the Prevention of Cruelty
TO Children.
The morning call., 1892-04-14
A Faulty CompIaint.

The demurrer has been sustained of
Elizabeth Heydenfeldt to the complaint OF
leila Hellinger, Thomas o. Heydenfeldt
and other children of the late Solomon
Heydenfeldt to recover Sos. 600 on the bond
alleged 10 have been given by Mrs. Heyden-
feldt to secure the carrying out Of certain
agreement Of compromise Judge COTE v
found that there was misjonder Of seve raj
causes Of action and that the complain {
lalled 10 properly aver an offer or tender of
performance on the part of the plaintiffs.
The morning call., 1892-04-14

Complaints have been filed against the
North Pacific Coast Railroad Company by
Carlo Mangini, g. Il. Music and in behalf
OF Joseph Cuneo TO recover damages for in
Juries sustained on the 18th Of April, 1890
near San Anselmo. In Marin County They
were driving along the highway In a spring
wagon driven by Luigi Ruscelli, but cross
ing the roadbed were struck by train and
severely injured Cuneo asks for $4,000
damages and the others for 5000 EACH
The morning call., 1892-04-14
Blasting on Telegraph Hill.

John Kelso has sued to enjoin Thomas
L. Green and others from blasting and
removing earth or rock on Winthrop street.
In front Of or adjoining his lot at the south.
west corner OF that street and Chestnut. or
from The roadway of the irst-named street.
Inc house Is now on very insecure
foundation by reason of these excavations.
The morning call., 1892-04-14

Zellerbach, the paper man. Carlton has
sonal Judgment against him is therefore
waived. The other defendants are Mrs.
Carlton, Mrs. Louis Edelman and several
representatives OF the John Doe family. who
claim an interest In the property and there
fore are made parties to the suit
The morning call., 1892-04-14
Senator F.Iton,. Ru,l.r

1t is reported that Edward Allen, an Eng
lishmaD, recently employed as butler by
Senator FELTON,, is missing. after borrowing
tors servants, whom he promised to marry,
and borrowing $3.50 from the cook of the
HOPKINS house, whom he also promised to
make his wife
The morning call., 1892-04-14
" Fiat Bursten.U

ID. Ii. Recarto, for himself and for
Sweeney q Recarto. has made voluntary
petition IN insolvency. Liabilities as per
schedule foot up S4336 SO; no assets. Re-
carlo and Sweeney are travelling statesmen.
The largest creditor is Mau, Sadler 81 Co.
who obtained judgment for S1062 20, and
the balance is owing for goods purchased
The morning call., 1892-04-14
A Hishblnder,s Heavy Fine.

Highlander Hong Lee was sentenced by
Judge Rix yesterday TO ray q fine of $500
for carrying revolver. This is the
heaviest fine yet imposed for such an Of
tense.
The morning call., 1892-04-14
In tho Feaor,, Conr. No,

Judge Slack dismissed yesterday the pro-
ceedings which had for an object the return
under process OF law of Thomas Pacquin.
under arrest here for stealing postal order
while deputy of the office at Hull, Quebec
Proceedings with that object In view have
been instituted in the Federal tribunal.
The morning call., 1892-04-14

Homer b. Sprague Of Peralta Hall lee
tured on Tuesday afternoon on Shakes
peare before the teachers and the normal
class Of the Golden GATE Kindergarten AS
sociation
The morning call., 1892-04-14
Meath of Opp Fook Coev

On Fook Goey, who was shot in the right
leg on April 10, while passing through Ross
alley, died yesterday afternoon and was
taken TO the Morgue. The shot, fired by an
unknown assassin, shattered the femur of
the rig ht leg
The morning call., 1892-04-14
PACIFIC COAST STEAMSHIP co.

DIsPATCH STEAMERS FROM SAN na
~ Francisco for ports Ia Alaska A. " AsAX
April and May 8. 81
For British Columbia and Puget Sound ports
April and May i, g. IA, 49, "a. 20; June and July g.
=, IS. s. %, %
For Eureka. Humboldt Bay, Wednesdays 9 A. NJ
For Santa Ana Los Angeles and all way ports every
fourth and fifth day, A. NJ.
For Sar Diego. stopping only at Los Angeles Santa
barbara and san Luis obispo every fourth and fifth
day at IL A. NJ
L OF ports in Mexico. first OF each month
Ticket Offce-Paace Hotel, New Montgomeryss.
GOODALL PERKINS n CO, General Agents,
! Il 10 Market St San Francisso
The morning call., 1892-04-14
A Disputed Bank Account.

Mary E. Pleasant has presented for pro.
pate the will Of Mrs. Mary r. Canhope
VINO died on the 9th ult.. leaving. as it is
claimed, $1,000 in the Security SAYING
Bank, but in dispute as an asset of the es.
tate OF Mary Floyd, and therefore the sub.
leet OF litigation. All was left to the nus
band by will.
The morning call., 1892-04-14
The Plant of the "yyest End. /"

ID. b. Richards, as assignee. has sued S.
ID. Carlton and others to foreclose the plant
at 9h Stockton street OF the weekly Journal
West End, mortgaged as security for S307 40
on note OF October 30, 1880, payable to L
The morning call., 1892-04-14
NORDOEUTSCHER LLOYD S. s. co.
CuhARl LINE.

New York tn Liverpool, via Queenstown
from Pier 40. North River
fASf EAfRESS MAIL SERYIyE
Servia April 10, 500 AM Servia Nav IL 7.uo !.
Etruria April - ;0o PM Etruria, May 81, 90 PM
Auranta, ApL 80, $500 AM Aurania, May IS 40 AN
Umbria, May z. 200 PM umbria june A. 90 P,f
Cabin passage, $50 and upward; second cabin. ssi.
livery low rates For freight and passage apply :;
utcompanys office, Bowling Green, Now YorS
VERNON Ii. BROWN e Co., General Agenss
6ood accommodation can always DO secureI1,
sppneationt TO WILLIAMS. DIMOND a. CO.
NI2 IuThSa ApeatS San krapcts,,
The morning call., 1892-04-14
FOR PORTLAND q ASTORIA, OREGON.

THE UNION PACIFIC RAILWAY ga
Ocean Dtvision-aad PACIFIC COAST SSESfS$
STEAMSHIP COMPANY will dispatch from Spear
street Wharf at 10 A. NJ, fo- the above ports D.
their Al iron steamships. viz:
COLUMBIA-Aprii z. 10, May l. Is, rs.
STATE OF CALIFORNIA-Aprii IL, 81 May 5,
II. 30.
OREGON-ApriI 3. Is. 81. May 9, 81
Connecting via Portland with the Northern Pactls
Railroad Oregon Short Line and other dtvergIay
lines for ali points in Oregon. Washington British
Columbia, Alaska Idaho. Montana, Dakota Utah,
wyoming Yellowstone Park and all Points East aud
South and to Europe
Fare to Portland-CabIn. $16; steeraga So: round
TIP cabin. $50.
Ticket oiiees-1 Montgomery St. and Palace 10
tel. New Montgomery St
6OODALL, PERKINS q Co, Supt. Ocean Lins.
1u 10 Market St. San Francisco
The morning call., 1892-04-14
The Rite of confirmation.

This evening the holy rite Of confirmation
will be conferred in Grace Church by the
Right Rev. w. +. Nichols, assisted by the
Revs. X. G. Foute and w. l.. Citizens.
The morning call., 1892-04-14
ROYAL MAIL STEAM PACKET CD.

CLEANERS LEAVE ASPfNwALI.
- forsnightiy for the West Indies and xCXkGA
Southampton. calling route at Cher
tonrg. France. and plymouth TO land passengers
Through Bills OF Lading. in connection with n,
PACING Mail s. s. Co. issued for freight aad rroAs Ir,
10 direct ports In England and Germany
Through tickets from San Francisco TO Plymous,
Sherbourg southampton. First class $l9j: tns
Class, $sl 90 for furthor particulars apply Co
%lVu fARkOTf r Cu.. AgeaIs sos CtiiiorlIAl,
The morning call., 1892-04-14
MIsCEILAwEOUS,

Both the method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acts
gently yet promptly on the Kidneys,
Liver and Bowels, cleanses the sys-
tenn efectually, dispels colds, head
aches and fevers and cures habitual
constipation. Syrup of Figs is the
only remedy of its kind ever pro-
duced, pleasing to the taste and &C.
ceptable to the stomach, prompt in
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in Soc
and 81 bottles by all leading drug
gists. Any reliable druggist who
may not have it on hand will pro-
cure it promptly for any one who
wishes to try it. Do not accept any
substitute. .eez<
CALIFORNIA FIG SYRUP co.
SAW FRANCISCO. Cal.
LOUISVILLE, Ky. NEW YORX. ny.
The morning call., 1892-04-14
OCEAN STEAMSHIPS.
PACIFIC MAIL STEAMSHIP CO.

THROUGH LINE TO NEW YORK VIA PANAMA
steamers VIII sail at NOON on the 9Th. sr>--
1oth and 18th or each month calling at -NtEISS
various ports Of Mexico and Central America ><.
Through line sailtngs-April TO- SIS. San Juan;
April 20, IS City OF New York; May 5, SIS san Bias
WAY LINE TO MEXICAN AND CENTRAL
AMERICAN PORTS AND PANAMA
STEAMER SAILS Az NOON 18TH OF EACH
moN II, calling ct Mazatlan, San Bias. Manzanio
Aeapuleo Port Angel, Saliua Cruz, Tonaa San
Bentto. Oeos, Champerico, San Jose de Guatemala
Seal9t'a. La Lioertad. La Union, Amapala Coriato,
san Juan del Sur and Punta Arenas
Way line saiiing-April Is. IS. Geo. w. Elder.
Wht the regular sa ling date falls Sunday,
steamers will be dispatched the preceding Saturday
JAPAN AND CHINA LINE
FOR YOKOHAMA AND HONG-EON4
connecting nc Yokohama with steamers for
Shanghai! and at Hong Kong for East Iudis4
Straits etc;
China tvia Honolulu). Thursday, April 90, at 8 NJ
CITY OF feking :........Saturday May p. at p n
CITY OF RIO de aneiro Tuesday, June IA, at p "
Roundtrip tickets TO Yokohama and return at 70.
Cuced rates.
For Freight or Passage apply st the ofice, corner
First and Brannan streets
Branch Oflce-202 Front street,
ALEXANDER CENTER
The morning call., 1892-04-14

TAKE Simmons Liver Regulator after your din
ner. 1t prevents dyspepsia and indig estion.
The morning call., 1892-04-14

Impaired Digestion repaired by Be.ehan.'s pills.
The morning call., 1892-04-14

THE PACIFIC TRANsFER COMPANY
Will call for and cheek baggage from hotels IA
residences Inquire OF ticket agents for time carIE
and other information.