The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-11-28
FORTIN ABSOLVED.
He Is Declared Not Guilty
of Contempt.
Summons to Be Examined - Mrs.
FateIy Seeks a Divorce-The
Walkerley Will-Notes.

the County Supervisors yesterday Attor-
ney Aram delivered an address calling at
tention to the statutes amending the Penal
Code by allowing five days credit month
to prisoners for good behavior. Mr..
Aram asked that steps be Immediately
taken looking 10 the carrying out Of this
provision. The attorneys remarks were
listened to with close attention, and the
District Attorney was directed to see that
the new amendment was carried out at
once.
The District Attorney rendered report
favOring the ordinance forming Q sanitary
district TO include all the territory in Oak
land Township outside of incorporated
cities.
Provision is made in this ordinance for
the reporting of all diseases, the appoint
ment of Health Officer. main tanning of
quarantine. pesthouses, ETC. Deaths and
births must be reported. and diaries in
spected. Any violation of this ordinance
is punishable by fine of 500. or one day
of Imprisonment for each So of the fine
The committee of the whole will fix sal
aries and report back at the next meeting.
Forth Purged of Contempt.
The contempt case of V. l.. Forth came
up before Judge Henshaw yesterday morn
ing.
Taylor's attorneys claimed that in view
of the judgment obtained by their client
as to bis title to the property near the foot
of Castro street Forth had no claim upon
the land and consequently was arrested
for contempt.
Attorney Moore. representing Mr. Tay-
lor, desired to submit the matter Cd briefs.
and displayed great number of affidavits.
Judge Cotton said he could suggest a
plan by which the court would be relieved
of the trouble of reading the afidavits.
He then submitted a sworn statement of
Mr.. Fortin's. according to which it was
shown that the defendant had meant no
contempt. having believed the street to be
public highway.
Judge Henshaw settled the matter by
saying that the affidavit Of Fortin was
satisfactory and accordingly declared him
purged OF contempt.
william waIkerIey's will.
The matter of the settlement of the
estate of William Walkerley has been
pending in the courts for over six years
aud was the cause of good deal of argu-
ment yesterday. The will was admitted
to probate October 10, 1887, and provided
that the Widow Walkerley was TO receive
100000. the child 100000. and the use of
the home on Brooklyn Heights was given
them. The widow was to receive $500
month for family expenses.
The estate is worth about 81, 000,0 and
the will provides that ii shall be held in
trust for twenty-five years. and after that
be divided between certain other relatives
living In different parts of the world. The
Widow Walkeriey has since then become
Mrs. w. +. Burbank and is now living in
North Carolina. She made application to
cfafa M do
Judge Greene denied her application and
declared the twenty-five year trust 10 be
void. Mrs. Burbank will be paid S10O,0 600
at once.
Simons' Case.
Homicide c. w. Fl. Simons and his wife
have made up and now are very affection
ate to one another. Simons shot and killed
Hansen for the EATERS attentions TO Mrs.
Simons, which caused a rupture between
the two and led up 10 the fatal quarrel.
When Simons was first arrested Mrs.
Simons seemed to have made up her mind
to 10 all in her power to iDjure him. But
now all this is changed and yesterday the
woman sat by her husbands side when he
came before Justice Cliff TO have the date
set for his preliminary examination on the
charge of murder.
Monday. December II. was the date set
for the examination. by which time the
case Will be thoroughly worked up.
The City Council.
At meeting Of the City Council last
night the Dow anti-gate ordinance was laid
over one month by a vote of 6 to D. This
action was bitterly opposed by Dow. The
vote was as follows: Against postpone
ment-Manuel. Dalton, Dow, Copeland,
Towe; for Ostponement-Bartow Mar
shall. Smell, Barnard, Watkinson and Het-
mann.
A tax of So on each pole asked to be
levied upon all the telephone and telegraph
companies within the city limits. by Ordin-
ance introduced by Dow, was read for the
first time ana referred to Ordinance and
Judiciary Committee.
The claim of Assessor Leckie came up
for final disposition and was allowed.
Mrs.sFatelysW a Divorce.
There are now prospects that the Fately-
Lamory muddle will be settled, as the con-
tract wife has commenced a suit in the
Superior Court for a divorce.
This will leave Aiken Fately free to
marry Miss Wilma Lamory, whom he
threatened TO marry. contract or no con-
tract. Mrs. Fately objected and tn at settled
it for the time being, but did not change
the feelings of Miss Wilma, who is ready TO
marry Aiken as soon as he is at liberty to
do so.
Mrs. Fately proposes 10 make it lively
for the festive Arthur and her charges are
very damaging. She asserts extreme cru
city aud asks the court to award her per-
manent allmony.
A Heavy Judgment.
The Giant Powder Company has been
hard hit by the decision of Judge Ellis
worth In the $4,000 suit brought agains,
them by the heirs of Egbert Judson. The
snt grew out OF the great explosion of
July 9. 1892 Judge Ellsworth gave iudg.
ment for $40, 168 Is IN favor of the plaintiff.
The grounds of judgment are that the first
explosion was caused by negligence and
the subsequent explosions were the result
Of the first.
Notes.
BILLY the PAGER" was still too sick 10
be arraigned in the Police Court yesterday
on the charge OF murder. Billy is the re-
clpient Of many fayors in the shape of
flowers and delicacies from people out
side the jail.
The Supervisors yesterday appropriated
$4,000 for the purpose of removing the at
tachment from the Alameda County az
hlbit, now in Chicago. and Transporting |
Colonel COlquhOun and family 10 this city. |
The exhibit can now be placed i'm the |