The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-08
OVER IN OAKLAND.
The City Council Wants
the Water Front.
LUMBER COMPANY NOTIFIED.
Mr.. Jordan's Money Disappears-The
Powder Works-Matheny Wants
aChange of Venue.

pending the decision in the waterfront
case now in the hands of Judge McKenna.
For years the city's water front has been
| in the hands OF whoever vas strong enough
to hold it. 1t seems that any one wishing
TO block a street with fence or lumber
yard had nothing to- do but take posses
| sion, put up a fenre. or build shanty, or
ship in load of lumber and take possess
sion. The present Council took the bit in
its teeth and asserted itself in a very
peaceful manner when it took down tho
railroad fence at the foot Of Broadway
| and made that thOrOughfare an open street
to the waters edge. And that it is the
intention of the Council to follow up this
| good work will be seen by the following,
issued yesterday by Acting Mayor Tow;e
and served by Superintendent of Streets
| Harrison:
OAKLAND, Cal. August 7. 1898.
Washington Lumber Company and EO6ert
and James Il. Smile and all persons concerned
heretn-GENTLEMEN: You are hereby nOto-
fed that The lands and premises below de-
scrbed are public street and highway, and
that the city of Oakland claims as a public
street and highway all that land and prem
ses lying within the easterly and westerly
lines OF Harrison street in this city, extending
from the sOutherly line of First street TO the
deep-waier ship channel in San Antonio Creek
or estuary. and you are forbidden 10 place any
obstruction whatsoever upon said land or
premises or I'm any manner whatsoever to oc-
| cupy the same TO the hIndrance of the fr and
! unobstructed use thereof by the public, or In
any way other than as member OF the general
public; and you are hereby further directed 10
remove forthwith any lumber scaffolding,
foundations or other structure whatsoever that
You have placed or are now placing upon the
The terms OF this notice is at your p-ril.
JOHN +. TOWLE,
President OF the Council and Acting Mayor of
the city of Oakland
Superintendent OF Streets of the city of Oak
land.
This notice was served on A j. Patter-
son. the agent of the lumber company, and
that gentleman stated that be would at
once comply with the order.
When the Oakland Non-Partisan Conn-
Gil announced that it would give the city
back its water front it made no cheap or
Idle boast for campaign purposes.
His Wife His Cashier.
The house of Mr.. Jordan of $50 Twenty
first street was entered by burglars two
weeks ago Saturday and a sack containing
$500 in good yellow gold coin was stolen
| from beneath mattress in one of the bed
rooms.
Mr.. Jordan did not really know there
was that amount of money in the house at
the time, as he says his wife WAS the cash
| ier Of the family. She had got the money
in few days before and secreted it be-
meath the mattress. 1t had been out at In
| teTest.
On that evening the man of the house.
went out to call on neighbor. and after
| he had been gone a short time the wife
| also went out TO see a neighb0r The hus-
band returned first. and as he came up the
back stairs he heard footsteps within. He
| thought 1t was his wife, but noticed that
! the footsteps retTeated as he approached.
HQ fnIInWpi n thp hpHrOOm huf
when he got there the room was empty
and window was raised He then thought
of burglars and went after his wife. The
family financier looked the first thing. of
course. for the precious sack-it was gone.
Il had melted away in the darkness with
that mysterious footstep.
The police were notified, but as yet have
no clew.
Powder and the Law.
The people residing in the neighborhood
of the JudsOn Powder Works are tired of
| petitinning and arguing against the pres
ence of the works, which are located i'm
med la tely south of the Contra Costa line
and at the end of San Pablo avenue.
| The region about that point is pretty
| thickly settled. and the people Whereabouts
have filed an injunction suit to restrain
| the powder company from storing and
| manufacturing the dangerous stuff at that
| point
| The plaintiffs are Victor Castro. Harriet
F. Behrens, Ii. T. c. Behreps. David Pol
hemus, Peter Derngham. William Rust,
! Henry Albertson. John III. Davis. Mar
geret McAvoy, Edward La Barge and A.
MoZarie. They allrge that in the manu-
facture OF powder, dynamite and other ex-
plosives ill-smeling, foul and offensive
odors deleerious to vegetation and To the
health of the plant ifs are generated.
Then again they alege that there is great
danger to life through explosion because
OF the proximity of the works.
| This action to enjoin the powder COM
pany is FASTENED be ause it is unders cd
that number of new buildings are about
to be erected for the storing of the danger
Gus explosives.
Wants to Be Tried Elsewhere.
Carroll Cook appeared before Judge
Henshaw yesterday in behalf of Louis
Mathrny. who is UP for trial charged with
the killing of Officer Cashin, one stormy
night last winter, when store was burg
larized and O thief ana a policeman lost
their lives.
Cook asked to have the information set
aside on the following grounds:
Frst-Defendanr was never legally or at all
committed for examination.
SecOnd-Be was committed without any Suffi-
cient aud legal evidence 10 justify such COM
mitment
Third-He was committed without any rea-
s0nabe or PROBABLE cause.
ne ucltuuHul dlSU u LuOtIOu IOr a
change of venue. in which he says
l am DESTROYS that this action be removed to
some other county, because fair and impair
Ilal trial cannot be had In this county, and the
facts and reasons upon which l base such as
sertion are: That The party whom ! am
charged with having killed was police offer
OF the city OF Oakland, and the entire police
force OF Oakland have such a bitter feeling
against me that they have zeaIously continued
10 excite ptejudic' against me among The peo-
pie Of Alameda County.
Taking the testimony taken before the com
hitting magistrate there was no possible case
make out against me. This is not only my
opinion. but IL is the opinion of my counsel
The case made against me was of such char
acier that believe, and am advised by my
counsel, that ii would be entirely prorer for
the Judge OF this court 10 advise a jury that the
evidence is not sufficient to warrant a convlc
ton and TO further advise them to acquit me.
The public press of oakland and also of San
Francisco have attacked me bitterly and with
out cause, and everybody fully understands
what power the press has to prejudice COM
munlty.
/ aver that there is strong and controlling
excitement and hostile feeling against me in
Alameda County as 10 the Aforesaid criminal
charge, and there Is in the public mind of said
county foreg0ne conclusion against me TO
said criminal charge. ! further aver thai a
fair and impartial trial by any means within
| n 0f ba 10 hu l,udu ndara fOr