The morning call., 1894-05-09
THE KINGS NOTES
F. M. Smith Asks the Law
to Intervene.
An Alleged Insane Man Committed
to Be Tried Before Jury on
Next Saturday.

OAKLAND Two interesting suits in in
tervent ton were filed yesterday in the Su-
perior Court which may cause a little
trouble in the suit brought by the Califor-
MIA Safe Deposit and Trust Company
against the East Oakland Electric Street
Railway Company, in which the former
seeks TO get back $3.50, ,000invested in bonds
OF the railway company, and because OF
which indebtedness it has caused the road
to be put in the hands Gf receiver.
Il seems that for long time the Oregon
Improvement Company has been furnish
ing coal to the electric company with
which to run their engines and generate
the fluid that kept the cars in motion.
This coal company has furnished fuel
until its bills amount to something like
S2663 SO. and it has become frightened at
the turn of affairs. and now asks the
courts to intervene and give it judgment
for the amou mt of its bill. with interest and
costs. The court is asked to adjudge the
amount first lien upon the property of
the railroad.
1t appears that F. NJ. Smith, the "Borax
King" also has considerable interest at
stake in the matter, and has brought q
like suit. The "Borax King" says that in
E. P. Vandercook, lone OF the parties In the suit
and a stockbolder in the road, which was given
TO The Remiard Brick Company for $1,000. AS
security for Smith VandercOok deposited with
him fifty shares Of the Stock OF the railroad,
which al that time were supposed TO be worth
500 per share. Smith fears now hat he VIII
have 10 pay this note at maturity. There Is
also another mole outstanding with smith $
name on It's back. This note Is for S54OO, ana
VandercooS got the money on it at the bank oy
leaving as security $50 shares OF the railroad
Tl,n ~ Il iFuB hqa
already paid S1S66 66, and from his complaint
believes lie will have 10 pay the balance.
He asks the court 10 tell him where he STANDS
IN the matter, ana 10 ee.efI,lne as noits 10 tne
and Trust Company says IL purchased and paid
$4,000 for. 1t is alleged that placing the
road In receivers hands has impslred me
roads credit. and diminished the value Of its
shares, thus jeopardiZng The interests OF the
credi ors.
Further, 1t is denied. on information and be-
lief, that the sum of S250,000, or any part
thereof, Is now due ana payable.
A Wr"nged Woman's Story.
Mrs. Marie Fately, who was Miss Marie
Walers before she married Arthur Is. FaIely by
contract has secured divorce from Fately
and permission to use her maiden name. The
lady has gwen her side of tile story Of her
marriage with Fately. In the course of it.,
after relating his previous brief matrimonial
flights, she says:
met him but few months after leaving school
had no one but an invalid mother TO advise me-
aud since her death one but old uncle, who
cares for us at distance and sometimes visits u.s.
/ once broke the engagement OH account OF his
violent jealous disposition, returnsd the ring and
forced him to leave the house. One month later
he returned. begged me to reconsider. take back
the ring and marry him, said the long engagement
was causing all the troub q and that our marriage
would end II. He pleaded so hard that at last /
believed his good promises and signed the mar.
Iiage contract which we had once agreed for
the reason that MY mother objected to him, and
her life WAS then despaired OF
That very night because | remained In my
mothers room and wished TO send for the doctor,
he TOOK OF the old fits of temper and jealousy
and to watch me and to see that the dector did
not como he remained outside my mothers d oer
all night uRtil O'Clock next morning AS he had
broken his promise again and he was worryin z
my mother oy his actions, to ger him 10 leave the
but month later sent tele9rams that ne IL.
l went 10 him after learning that ne really
III and henceforth lived with BIN his wife.
when our mother Ged be trIegraphed relatives
that he could take their place and do everything
They wired for explanations and he then wired
for $500. ana out of that amount he retained
Sl20. the funeral was set for O'Clock May 25,
but Mr Fatey at Mr. Is until 2:45 cete-
brstng his engagement with Miss l. by big
dinner. We waited on him and when he returned
he wept over our mother. He admitted this on
the witness-stand.
The Giants Funeral.
The funeral Of Joe Sullivan, the Brooklyn
giant, took plaee at 2 O'clock yesterday alter
noon from enGine.house IN East Oakland. A