The morning call., 1893-09-08
RECOMMENDED 1T.
The Council Supports the
DaVie Line.
NEW FERRY-HOUSE AND SLIP
Measuring Footprints i'm the rlatheny
Trial-A New Brotherhood-The
Case of a Constable.


night tne ordinance appropriating S45OO for
the erection of suitable ferry-house and
for building slip at the city wharf for the
Davie ferry-boats was recommended for
passage by the Council. 1t is the inten-
tion to cut off 175 feet of the city wharf at
the foot OF franklin street and put in
good slip, and also to build handsome
waiting-r0om at the head of the wharf
where passengers will be protected from
wind and weather.
The Mstheny Case.
The Matheny case was aninteresting
Yesterday. as a large part of the day was
given over to argument on the admissible
ity of certain evidence, that regarding the
footprints made in the mud where the
burglar jumped the fence in escaping from
the Kuhlne saloon. Mr.. Cook arguing that
the footprints should have been preserved
as the best evidence. Mr.. Cook also ex-
cepted to the evidence of Stack and
StOcker in regard to the actions of Touhill
and Matheny over certain safe IN the
! Elysium saloon in San Francisco.
The evidence rs TO the measurement Of
| the shoes was admitted, but the other
matters argued were taken under advise
menL
| At the afternoon session Detective ROl-
! land was again on the stand. He stated
that the shoes taken from Matheny's room
! fitted the tracks mentioned above, and he
also identified d pair of gloves found In
| Matheny's room.
District Attorney Shook said he in
tended to prove that these gloves were sim-
liar 10 the ones worn by Touhill previous
to the sh hoOting.
When court adjourned it was until
Monday next at ~ a. NJ
Wednesday evening after the court had
adjourned, Detectives DOwney and eague
had a set-to. league intimated that
| Toedt. the cab-driyer. had falsltied state
ments in bis testimony. Detective Dow
ney resented the impu alton cast on his
! witness and league gave him the lie.
Dcwney gave him his fst-a good. square
blow in tile face with the right duke-and
then the cOmbatants were separated.
The Case of = a'ConstabIe.
A constable OF Brooklyn Township is
soon to be put on the legal rack and made
TO account for certain moneys.
This morning complaint will be filed
! by Ii. T. King. through his attorney. Will
liam +. Aram, against the constable to re-
cover SIS and costs of suit. The'defend-
ants bOndsmen will also be mentioned as
defendants.
The case will undoubtedly attract much
attention.
The circumstances that led up to this
suit are briefly as follows:
Some time in last November II. T. King
brought an action in Justice Melvin's
court to recover SIS damages from a dairy
man by the name IF Andrews, who lives
on the Redwood road. The SIS was for
rental of a wagon.
The suit went Kings way, and a iudg-
ment was found in his favor for the amount
mentioned. An execution WAS thon issued
and placed in the hands OF consta ble. and
he, after due notice 10 the defendant,
levied upon Andrews property, consisting
of seventeen cows and considerable dairy
! apuurtenances, and recovered S220.
In spite of this success the execution
was returned a few weeks later wholly
unsatistied.
The ConstabIe's explanation of the dis
appearance of the $500 was that this sum
went to pay the expenses of the execution
and in payment of a preferred claim
amounting to S169
MI King was much surprised at this in-
formation of the Constable's, and called in
Mr.. Aram TO find out what the law said
about such cases.
He WIS told that it was not lawful for
the Cons able to pay over S100 on pre-
ferred claims, ami that the Constable's
first duty In this city was to pay Mr.. King
the SIS.
Much Ado About Nothing.
The question as to who invited Mr.,
Towne, vice. president of the Southern Pa
ciic Railroad OF Kentucky, to visit the
Oakland Council and address that body on
Tuesday night last has been answered. He
received 10 invitation.
This is the story told by Mr.. Baker, the
railroad attorney, who addressed the meet
ing on that evening.
Mr. Baker has daughter attending the
Smell Seminary, of which institution
Councilman Smell is the head. 1t was Mr.
Baker who advised Mr.. Towne to visit and
address the Council, and that gentleman,
as the story goes. was fearful of an insult
\ being offered him by the people in the
lobby. Mr.. Baker tried TO reassure Mr.
Towne on this point and at the same time
addressed letter to Councilman Smell.
telling him what MIR. TOwue had said
Baker was going to mail this letter. but
& met Mr.. Smell and handed him the missivs
: with an explanation of the affair.
After several days Mr. Smell showed the
letter to City Clerk Tompkins. requesting
i him to return the letter 10 Mr. Baker. and
4 adding line stating that if Mr.. TOwne
4 wanted to address the Council he would
q be offered the same courtesy as any one
Z else and would be fairly treated. Then
& Mr.. Tompkins sent the letter back to Mr..
y Baker, but neglected putting street or
number In the address; the letter did not
reach Baker until after the Council meet
ing.
Baker now says that Towne told him
that he did not receive an invitation or
letter from any Councilman. 81 was
first led to making the suggestion to Mr..
, TOwne to appear Defors the Council" said
/ Mr.. Baker, 'by reading in the Enquirer
the advice to the railroad officials TO come
forward and ventilate their grievances in
the way in which other people did,"
A Heaven on Earth.
The cooperative colony on Winters
Island, in the Sacramento River, is again
being revived. This island belongf TO a
Mr.. Kelsey of TemescaI. and for years he
has had utopian dreams of that island.
Yesterday there we're filed in the Office
of the County Clerk articles of incorpora-
ton of the Cooperative Brotherhood OF
Winters Island.
The corporation consists of lust 100
members, who each subscribe-nOt more
than S5 per month nor for a longer period
than 100 months, excepAby the unanimous
consent of The members. The objects as
set forth are to establish and maintain
general trade in merchandise, farm prod
ucts, machinery. etc. The lands and
improvements of the corporation shall be
held in common and worked co-opera-
lively for the benefit of all the members,
About Mrs. Hord.