davidaulloa/AmericanStories huggingface dataset:
The morning call., 1893-09-14
FOSTERS CASE HEARD.
The Jury Disagreed, but Stood Ten
to Two for Conviction.


to Two for Conviction.
Ned Foster of the Bella Union Theater
had a narrow escape from conviction last
night on a charge of selling liquor without
license on Monday night. TIE jury, after
being out over an hour, came into court
and the foreman said it would be utterly
impossible for them to arrive at all agree
ment and they were discharged by Judge
Campbell. Ii was ascertained that they
stood ten to two for conviction and that
there was a strong probability of one of
the two coming over, but the other one
was hopeless case.
Foster was defended by two of the
abest criminal attorneys at the BAR Car
roll Coos and George A. Knight, and they
made the most of every possible point.
When the court opened the room was
crowded and extra chairs had 10 be brought
into TeQuisitOn. There was tendency to
levity but the Judge put stop to ii by
threatening to clear the court. In the
courtroom were several women employed
by the defendant with their children.
Prosecuting Attorney Reed opened the
case briefly by stating that the jury had
only two points to eOnsider-that the de-
fendant had no license and that he sold
liquor without a license.
ii. ). HutchingS, the arreSting officer, on
Monday night testified to seeing liquor
served 10 q WalI6E at Inc oar anu money
paid for it to the bartender.
Fred w. Lees. License Collector. test-
fed TO Foster rendering his money for a
license and presenting the petition Of
twelve property-owneTs, but that it was
refused. as he had received instructions
from the Police Commissioners not 10
issue license withsnt permit from them.
There was an argument at this point
during which Attorney Cook contended
that the tender Of the money was equlva-
lent TO a payment.
A question as TO whether witness had
been instructed TO refuse licenses to all
salOOn-keeperS was objected TO and the
objection sustained.
Nathan Phillips and George Hunter,
bar-tenders, admitted retailing liquor over
the bar in the tEeater. The former said
be did not know who his employer was,
and the latter said Foster was his en-
ployer, but In cross-eXamination admitted
Foster never paid him anv money.
Prosecuting Attorney Reed introduced
as evidence a copy of the amended
ordinance, and rested. he had a sad time
Os 1t for a few minutes when Attorneys
Cook and knight asked for dismissal of
the case, as the ordinance submitted as
evidence did not denounce any act and
had no penalty clause. therefore there was
nothing TO go before the jury. After
Reed recovered from his astOnishment the
Judge kindly allowed him to reopen the
case and put in the original ordinance
containing the penalty clause.
The defense called a number of wit
nesSeS as 10 the reputation of the theater
and the defendant, and argument of coun-
sci followed, the defendants attorney con-
tending that Foster could not now be pun
ished for having kept a dive, as 1t had
been permitted by law. But the majority
of the jury thought differently.
The morning call., 1893-09-14
ALAMEDA.

Charles Dyer Shed of this city, aged Is,
passed away Tuesday light at his home Cd
Alameda avenue, of apoplexy of the brain.
He was native of Boston, Mass. and
leaves widow and four children.
Midwinter Fair.
A public meeting will be held next Sat
urdav evening. in Armory Hall, in the
interests of the Midwinter Fair. The CON-
mittee on public meetings. as appointed
by Chairman Brown, are: Henry Seven
inp, r. Frank Clark, Joseph A. Leonard,
August Waterman, w. T. Chapman and
Michael Kane.
The speakers for the evening are Gen.
eral w. II. L.. Barnes Of San Francisco,
Robert Fitzgerald of Oakland and City
Attorney Z. X. Taylor. A programme
consisting of literary and musical num-
0ers, including the Alameda quartet of A.
P. Smiley, r. Frank Clark. Walter Cog
gin and Professor Veacco, has been pre-
pared as an extra attraction.
An Insurance Quarrel.
An attack on r. II. Magill Jr. of the
Alameda Evening Telegram was CON-
menced this morning by tie Oakland
Times, saving that he had caused deficit
in the financial department of the Home
Mutual Insurance Company while he was
cashier of the Alameda County branch.
MI hdGllI shJo tudt lie udS ROOu RTouUuS
for suit of libel, as he has a certificate OF
assurance that his books were correct at
the time of his wit drawal from the CON-
paDy, and several letters of recommends
ton and reference to be used in case he
should desire to enter the employment OF
another firm or corporation
He claims that it was an attack of Harry
+. Gordon, manager OF the Alameda County
branch. on account of MagilPs coming tC
Alameda and starting an insurance office
here in opposition to and in the field OF
GOrdon's branch of the II ONE Mutual.
A meeting of the directors of the Home
Mutual was held this afternoon and Cor
don was notified to suppress all further
newspaper comment on the matter.
The morning call., 1893-09-14
THE BROADWAY WHARF.
Early Settlers Testify to Carpenters
Occupancy.

More testimony was taken yesterday
forenoon before Examiner Heacock in the
Oakland waterfront case brought by the
Southern Pacific to enioin Mayor Pardee
and the other city officials.
The statements Of Captain John Nc
KenZie of the ferry-s steamer San Rafael,
Captain w. a. Warner and Rufus P. Bar
nett were received
During the years 1853 and 1859 Captain
Mckenzie ran tho steamer Clinton. he
said. between San Francisco anu Oakland,
and afterward the Contra Costa, and al
that time Horace ". Carpenter was the
recognized owner of the wharf.
Captain w. A. Warner had been va
riousIy employed by the Contra Costa
Navigation Company from 1857 tn 1874.
and eventually became its superintendent
and then manager. He also testified 10
Carpenters ownership Of the wharf
The bar there gave vessels some trouble,
and considerable dredging had to be done.
The statements of Mr.. Barnett were con-
fined principally to the matter of dredging.
he having had charge of the railroad com
pany's dredgers. He drove piles, he said
for the company's wharf in 1871 at Broad
way.
Another continuance for a week was
TAKEN
The morning call., 1893-09-14
FROM FAR FIJI.
A Traveller Says New Tea Industry
Is on the Way.

James johnson, sugar merchant at
Suva, Fiji Islands, arrived yesterday In
this city. When he left Suva business
was suffering from the depression in the
Australian colonies.
"We grow sugarcane, tea and coffee in
the islands," said he. THE tea industry
is vet a novelty. 1t is only in its infancy,
though in a very short time it will COM
pete with Ceylon.
"Our sugar supplies the colonies, but a
plague devastated the coffee plantations
and there is hardly enough left for home
consumption"
Everything is behind tile times down
there in FIJI, but if Mr.. johnson be right
IN what he says about the natives there is
no cannlballsm on the islands now. The
natives have been civilized III the last dec
ade.
Suva has population of 900 whites and
about 1000 Fijians, Kanakas and coolies.
There Is no steam railroad anywhere on
the group, one small train liue n the city
meeting requirements. To operate the
sugar factories and plantations it is neces-
sary to import Indian labor.
The morning call., 1893-09-14
BENNETT SCORED.
Lawyer Chapman Creates
a Sensation.
MISS GRAY SHEDS TEARS.
Exciting Scenes During the Trial of
q. w. Gray for Shooting at
c. K. Bennett.

GARLAND Bennett Gray embro-
Clio is the reiguing sensation. Other court
attractions pale into insignifcance beside
it. Even Matheny has lost his fascina-
ton. The throDg that has hitherto OBJ
served him flies by now. and jostles for
standing room in that little realm OF
Judge Greene's.
There was ford rhetoric yesterday. aud
a wealth of dramatic posing.
There were tears from the young lady.
and black looks from the secretary OF the
Society for the Suppression of Vice.
The spectators showed invariahle SYM
patty with the defendant, Mr.. Gray. and
once they went so far as TO indicate it, but
Judge Greene met the emergency in his
fiercest style. and the terrified crowd sub
sided.
Mrs. Gray. the aged mother, sat beside
the daughter whose honor is alleged tc
have been so Tudely trifled with, and the
eray-haired father. pace or two away
The morning call., 1893-09-14
to the jury. indicating the line of his de-

to the jury. indicating the line of his de-
Tense.
He then called Miss Gray to the stand.
The young lady went over the circnm-
stances of her relations with Bennett,
emitting nothing except such things as she
had not told her father. These would be
ruled out.
At times Miss Gray could not restrain
her tears, and once she said she could not
talk because q man in the crowd kept
laughing at her. This created a great
stir, and Judge and lawyers started in to
find the guilty party and show him out of
the room. In this they failed. for the
willy man euded them and the testimony
was resumed.
The "Miss Ferrer" letters were intro
duced in evidence and read 10 the jury.
There were eight Of them. Their contents
are unfit for publication. referring TO Miss
Gray's condition and consulting with a
specialists.
The witness said Bennett had been par
ticularly fearful of these letters, as he
said they would land him in San Quentin
If they were discovered.
At O'Clock the court adjourned until
this morning. when Miss Gray's testimony
will be resumed.
The morning call., 1893-09-14
Chenoweth Wins.

Judge SandersOn rendered Judgment
yesterday in the case of the Electric Light
and Power Company We. William Ii.
Chenoweth, the Powell street saloon
keeper.
ChenOweth was sued for $685. amount of
light supplied. 1t was claimed that the
meter in Chenoweth's place had been
tampered with. Several witnesses were
called in support of this assertion, but
Judge Sanderson decided that the balance
of testimony was in Cneuoweth's favor
The morning call., 1893-09-14
Sues His Son-in-Iaw.

A Fromm has filed suit In the Superior
Court against his son-in-law. George II.
Abbott, To recover S24S so for board and
lodging of Abb0ttand his wife at Fromm )
residence in Alameda.
Mrs. Abbott created sensation by con-
tracing marriage with one Miguel Met
tleSon on tugbnat outside the heads,
some time ago. The marriage was after
ward annulled and the young lady disap-
DeRred. not 10 return until she came as
Mrs. Abbott. Her present husband is a
railroad excursion agent
The morning call., 1893-09-14
The Fire Record.

The alarm from box 50 at $50 A. NJ
yesterday was for fire in the two-story
frame building AZ and 40 Everett street,
owned by Captain Bryant and occupied
by Mrs. E. Theobolde as a dwelling-house,
also by Henry Schlegie as woodshed and
coslyard. The loss is estimated at $780,
caused by careessness with coal-oil stove
The morning call., 1893-09-14
stanburv. the Oarsmau.

VANCOUVER, B. c.. Sept 13.-Stan bury.
the champion oarsman of the world. is
here. and will give an exhibition on the in
let as a compliment to the local rowing
clubs. He says he will offer Gaudaur, the
Canadian champion. $500 to go to Aus
tralia. or will row him in England, both to
pay their own expenses. He said he did
not like the way he was treated at the
Worlds Fair by haggling Commissioners,
who would not give him race.
The morning call., 1893-09-14
Grain Threatened by Rain.

Moscow. Idaho, Sept. 13.-The heavy
rain which has been falling since midnight
threatens a great loss to the Palouse
country farmers, who are in the midst of
harvest Thousands of bushels of thrashed
grain are lying unprotected in the fields
awaiting sacks.
The morning call., 1893-09-14
st. Francis Fair.

Tonight there Will be pleasing enter
taiument at the fair held in the basement
of ST. Francis Church. 1t will be the
presentation of a farce, "My Neighbours
WIFE," i'm which the young ladies of the
apron booth will take part. The managers
of the fair expect that every QUE in the
parish will attend.
The morning call., 1893-09-14
A MISSING GARDENER.
He Probably Skipped Out to Defraud
Creditors.

PASADENA, Sept. 13.-Ernest Kern, a
German gardener at the residence of
prominent citizen, mysteriousiy disap-
peared August % and has not been heard
OF since. He was about 60 years old, but
appeared younger; had travelled a great
deal, was well informed and an adept at
his profession. lie claimed he had worked
The morning call., 1893-09-14
San Diego Tax Levy.

SAN DIEGO. Sept 13.-The Board of Su-
pervisors has fixed the county rate of
taxation for the fiscal year at 81 SIS on the
hundred. This is higher than ever before.
The erection of new Jail and other
special expenditures called for the higher
afAS
The morning call., 1893-09-14
FOR THE OLD MISSION.
Contracts Let for Repairing the
Structure at San Luis Rey.

NUlILfdLIS LCt HOI NNPuIIfiI JIG
Structure at San Luis Rey.
SAN DIEGO, Sept. 13-Contracts were
let yesterday for the brickwork, plastering
and decorating necessary in the restora-
ton of the old Mission of San Luis Rev.
The work is of much greater magnitude
than was at first supposed. involving an
expenditure of $4,000. The con tract for
brickwork was awarded to Cornelius
Kavanaugh of this city for $4,000. The
work will commence MONDAY. The
plastering contract was given to James
McNear. also of this city. for $4,000.
Most of the carpentsring work is to be
done by the Franciscan Fathers them
selves, who are in charge of the mission.
The morning call., 1893-09-14
Hop Crop Damaged.

UKIAH. Sept. 13.-One of the heaviest
ihunderstorms ever known in this section
pa ssed over this valley yesterday afternoon.
doing great damage, ii not totally running
the half-picked hop crop.
The morning call., 1893-09-14
MONDAY, OCTOBER 2. 1898. at I'm.

For furnishing Paper and other material for the
State Printing once, for the year beginning
the first Mond y in october, 1898 and ending on
the first Monday in October, 1894 in qualities
and quantities as per schedule, to be furnished
on application TO the superintendent of State
Printing.
Bidders viii furnish full samples. with price
per pound for the different weights, and also
names of makers whose stock they propose to
supply. Bidders to comply with provisions OF
Sections 532 and 1885 OF the Political Code.
Payments Will be made i'll warrants upon the
State Treasury
The Board reserves the right to reject any and
all bids, and to accept all or any portion of any
bid
Proposals to be Endorsed: Proposals for
Paper and Material for the State Printing
Once"
A. j. JOHNSTON,
SUPERINTENDENT OF State Printing
Sacramento, August %, 1893 au25 3Ot
The morning call., 1893-09-14
Mariana Day.

1t was heed.essly stated in yesterdays
issue that Miss Mariana Days death was
suicidal, thereby causing unnecessary and
additional grief to her relatives. The YER
diet of the Coroner's jury was death was
accidental
The morning call., 1893-09-14
BERKELEY.

The recorder of the faculties, Mr.. SUIT
ton, has completed his report to the re-
gents of the students in the university,
and discloses a larger number of under
graduates in Berkeley than in any pre-
Yious year. The summary is as follows:
The morning call., 1893-09-14
Totals. $lOs,968 s23s,s2i
Resigns From s.. Johns.

Resigns From s.. Johns.
The Rev. A 6. l.. Trew, DID,, has re-
signed the rectorship Of St. Johns Episco-
pal Church. He became rector about a
year and a half ago in succession to Father
Akerly, who had resigned because of al
yanced age after rect1rate of more than
thirty-fye years. Under DIR. Trew's min
istrations the parish has been PROSPEROUS
and harmonious and the congregation has
steadily increased. But during his resi-
The morning call., 1893-09-14

a long time for Ex-Governor Brown Of
Georgia. He stated he was last en-
ployed at Sutro Park, San Francisco He
was last seen in Los Angeles with roll of
bills. Some think he has met with foul
play, but the general impression is he left
town to avoid paying number of bills.
The morning call., 1893-09-14
Fire Company Matters.

Ouf6ISll1s
Fire Company MatterG
On request OF the West Berkeley Fire
Company the Lookup has been ordered re-
moved from its engine-house. The various
fire companies are actively preparing them
selves for the dread destroyer Monday
evening the Dwight way company formed
in procession and marched to the CITY
Hall, where they secured their $50 feet If
hose recently given them. as well as go
feet o! old hose on Addition street. The
Berkeley company secured its $50 feet of
hose. The West Berkeley Beacon No. l
will meet at Ssterna Hall this evening to
develop further plans, they not having
sufficient hose for the number of hydrauts
in that part of town.
a Distinguished Graduate.
Miss Sadie NJ. Hardy, '93. who received
the appointment few weeks ago to the
junior fellowship in political economy at
Chicago University, will leave Saturday to
begin her work In her specially. Her
mother will accompany her on the journey,
but will take up her residence in Connecti-
cut. Miss Hardy will devote herself to
political science, intending to take her
doctors degree at the German uniyersi-
ties after obtaining her MA. at Chicago.
It is quite likely that her abilities and
requirements will by that time have opened
for her one of the few professorships
filled by woman.
A Divorce Trial.
The divorce suit of Isaac Fischel VS..
Tony Fischel, prominent Berkeleyites,
was on trial Yesterday before Judge Els
worth in the Superior Court in Oakland.
Fischel is a Berkeley butcher of means,
but finding it impossible 10 sail in the
same boat on the sea of life with his better
half commenced divorce proceedings. The
wife has filed counter complaint, alleging
cruelty aud failure TO provide.
Too Many Saloons.
Three applications for saloon licenses
were refused by the City Board. There
are already some twenty-three saloons,
mostly in West Berkeley.
Health officer.
The Board of Trustees has made the
position Of Health Officer a salaried one,
| hxing the salary at S25 per month.
Senior Election.
The class Of 1894, at meeting yesterday
| afternoon, elected as its officers for the
term: President, F. G. Hermann; vice
presidents, Miss Cora Knight. Miss Rober-
ia Lloyd. A. V. Saph; secretary, j. Oscar
The morning call., 1893-09-14

SAY GIRLS IL you want TO fool that best fellow
just ask him to give you his package of Whites
Yucatan Gum, when he asks you to be excused for
a moment between acts. see?
The morning call., 1893-09-14

geant-at-arms, Joseph Fife; directors. A.
P. Hayes, E. d. Clary. and j. c. Meyer
stein.
The morning call., 1893-09-14

''Not Guilty" is being played at the
Groye-street OH magnificent scale. so Tar
as this theater is concerned. Forty we'll
drilled soldiers participate in the battle
scene, and the effects call forth great APP
plausc. The acting is realistic and cor
rect Lorimer johnson in the dual role
Of Sias Jarrett and Colonel WilIoughby
gets several ''curtain calls" ana Norval
McGrtgor (after his two weeks sojourn
IN Los Angeles) sustalns we'll his part of
Robert Arnold. leonard Growers COM
psny OF players in "The Wolves of New
York" will appear next week.
The morning call., 1893-09-14

Mr.. Albert Marks has made an arrange
ment with the Chevaiier Antoine de Kunt-
ski, court pianist to the Emperor of Ger
many, to give a piano recital here before
leaving for Japan. The Chevalier is the
only living pupil of Beethoven.
The morning call., 1893-09-14

''The Rivals" company, with Mrs John
Drew. Mr.. Mckee Rankin. Mr. Sydney
Drew and Mr.. Charles Erin Werner. is due
at the Baldwin next Monday evening, the
18th inst. Mr.. Charles Erin Werner will
play Florence's role. Sir Lacius O'Trigger
The morning call., 1893-09-14

The first concert Of the fifteenth season
of the Philharmonic Society of San Fran
cisco will take place at Metropolitan Hall
Thursday evening at o'clock. Mr.. C..
ID. O'Sulivan will be the vocalist and Mr.
William L. Carrigan the accompanist
The morning call., 1893-09-14

The programme of Mr.. Alfred Wilkes
second grand concert, which takes place
this Thursday afternoon at Golden Gate
Hall, 625 Suffer street. is as follows:
Quartet. "The Skylarll'' (Bavarian), the
"Alouette" Quartet; piano solo. Them
vaie, op. 16. No. 3 q. j. PaderewskD, Henry
Strauss; song, Loves Proving" UOhr), Miss
Esther Needham; chanson, lie Vallon"
(Gounodl Albert Hooper; sOngs-(a) ''Fliri-
Ing" bl Warning (Meyer Hemund),
Mrs. Martin Schultz; quartet, lie
gends" (MOhIins). The Alonetre Quartet:
ballad, sally in Our Alev" Carey A. ID. 1874, }
Alfred Wllkie; Little Suite for Violin (H. B.
Pasm0reL" MARY at the CJncert," (d) ''The great
vIolinist plays" (6) 20, where is my dear mann
ma ?" (e) 20. here she isl Mary Pa<mOre q
years.; songs. (d) summer Evening"" (b) The
Suns Bright Beams Q.asSen) Mr. A Hooper;
serenade, The Angels Screnade" (Bragal
Miss Esther Needham, with violin obigato BY
Mary PaSmOre. aged years; duet "HunIing
Tower (DemaD. Mrs. Schultz aud Mr. Wilkie;
glee. "Seh No More, LADIES' (Stevens, A. d.
1757-1S37l, MIS-. Schulz, The Misses Carr and
Needham. and Me,>rs. WilKe and Nielsen
Mr.. Henry Strauss accompaniSt.
The morning call., 1893-09-14

As last year the total enr0iIment OF
graduate students when the register was
issued brought the COZ Of this period
of the year up to 648. the total mum
Der of students for 1S93-94, when all
graduate students are enrolled, may be put
at 10, making. with the number of stu
dents in the four professional colleges and
at Lick Observatory. between HOO AMI
1900 students connected with the State
UniYersItY
The morning call., 1893-09-14
PROPOSALS.

CEALED PROPOSALS WILL BE RECEIVED
- at the office OF tho superintendent of State
Printing, Sacramento, California, until
The morning call., 1893-09-14

At the New California ''The Nutmeg
Match" with Miss Annie Buckley in the
principal role. will end this week. The
sale of seats for Managers C. B. Jefferson,
klaw and Erlapger's great production of
The Soudan" next Monday evening will
begin at the bOx-Office this Thursday
morning. The management promise per-
feet production of this drama.
The morning call., 1893-09-14
OUR ADJUSTMENTS.
Midweek Notes of the
Different Theaters.
irving's Great Financial Success.
"Urania" at the BaIdwin-"The
Nutmeg Match"

The repetition of 1.-THE Merchant OF
Venice" by Mr. Henry Irving and COM
pany crowded the Grand Opera-house last
evening to its utmost capacity. Manager
Henry E. Abbey is authority for stating
that the two weeks engagement OF Irving
in San Francisco will break the record of
all his fortnights during his first tour in
1884 of the Eastern States. Every seat
III the Grand Opera-houSe is sold up TO
and including the performance of Louis
Nl." Oh Saturday evening next. The
Merchant of Venice" tonight; Beckett"
on Friday night; "The Merchant" for the
matinee on Saturday. and Louis XI' in
the evening. Some one ought 10 send the
particulars OF this engagement to Blanche.
One of the most interesting and informa-
tive exhibitions we have had in this city
for some time is tie "Urania" series now
on at the Baldwin. Last evening. the SUBJ
ject was From Chaos to Man." with mag
nificent disk views illustrating the grad
ual developments OF our world, as taught
by the lessons of the rocks" through
successive pre-Adamite periods till the
time of the Mosaic history OF the genesis
OF man. Mr.. Serviss. the lecturer, Is re-
markable for the clear and succinct man
| ner in which he conveys the necessary in
formation. Mr.. Serviss was for many
years connected with the editorial depart
ment of the New York Sun, and resigned
that position in order to take part in this
very interesting exhibition. THE Won
ders Of America" tonight. The "Urania"
series will remain at the Baldwin for one
week, and then go to the Stockwell for a
fortnight.
Dollars and Sense" the DAILY comedy,
is being nicely played to good attend
ancR at the Stock we'll
The morning call., 1893-09-14

Dollars and Sense" the DAILY comedy,
is being nicely played to good attend
ance at the Stock well.