The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-31
Louis Peres Fighting for a Half
Million.
NO HOLIDAY ON MONDAY NEXT
Colonel Kowalsky of San Francisco
Will Take a Hand in Ben
nett's Prosecution.

tachment was levied on some Santa Rosa
property. but it has never come to trial.
Judge j. A. Barham. Phillips attorney.
recently filed a demurrer to the effect that
the original complaint does not contain
facts sufficient for an action, aad the
amended complaint yesterday was put In
by DIR. Paterson by way of an answer.
On the surface the case looks like the
not unusual spectacle of a physician at
tempting 10 recover from husband COM
pensation due for attendance during the
wife's final illness, but as a matter of fact
there is very peculiar story connected
with the affair.
In the middle of last October, just
before the Southern Pacific Company put
wire gates on the local trains ana while 1t
was running the destructive FLYERS" Mrs.
Helen Mar Phillips Of Santa Rosa came
| TO Oakland for medical treatment. She was on
the flyer" on the evening of the collision on
the switch at Seventh and Oak streets and it is
alleged that she was seriously injured. AT any
| rate DIR. Paterson was summoned and on That
evening made his first entry into the case.
Now 10 go back a little. Before she left
| Santa Rosa her husband, who was also about to
| go away, in order 10 save the cost and both er
OF probate proceedings In the event OF his
/ DEATH decided TO her his property consisting of
TWO lots and homestead In Santa Rosa. But
he made the stipulation that the deeds should
be left in the hands OF a certain notary public
Ills ucAlll Ut iii l0e event bDab Mrs.
| PHILIPS got chance 10 sell the property TO
! good advantage.
DIR. Paterson found Mrs. Phillips In a most
| critical condition and sister who is said 10
have excited much influence over the sick
woman was summoned 10 attend her. 1t was
finally agreed upon by all concerned that Mrs.
Phillips must undergo an operation TO have 4
tumOr removed from her stomach and all
preparations were made.
Then II was that in violation of her agreement
with her husband Mrs. Phillips secured
the deeds from the SANTA Rosa ny
senting that she was about 10 sell the property.
Instead she had the deeds recorded and be-
queatned the property 10 The children of
sister, utterly Ignoring the rights of her nus
| band. The operation was performed OF the 22d
OF November and she died upon The following
day.
The plan did not avail anybody, however
MIR. Phillips showed that the deeds had not
been properly delivered and executed. mas
much as they were held in statu quo, and could
only be released under certain conditions, and
lie secured possession of the property. Angered
AT the conduct of his wife, he refused 10 pay
DR.. Paterson for attending her. The latter
however, contended that Philips, as the
woman's husband, Is responsible for the pay
ment OF such a claim as he holds. and IL is on
that ground that he is pushing the case against
Mr.. Phillips.
Worth Fighting For.
Louis Peres will once again try to gain for
tune, which it was once decreed is lost TO him
forever. His attorneys, Van r. Paterson and
George II. Maxwell made motion before
Judge Greene for a new trial of his suit against
Mary Ives Crocker and Kate May Dillon for
The recovery of 1900 acres of land in the
southern part of The county valued at $780,
600, which they inherited from Kate Nc
LaughlID. widow OF the iaJe capitalist, Charles
Mclaughlin.
Peres claims that he is the real owner of the
land in question. His story is that many years
ago he became involved IN costly litigation and
lacked The money TO carry it on. SO he gave
Charles Mclaughlin an absolute deed TO The
property, and tile latter carried on the ltiga.
ton. won the case and held tile property.
PereS now says that the deed was only in
tended as mortgage. and that as the debt due
TO Mclaughlin has been fully satisfied he is
entitled to possession OF the property. Judge
Greene once decided the case ag 3nSt Petes
but now he intends 10 carry it to the Supreme
Court If necessary.
ToiIers of the Dump.
Down about the West Oakland marshes there
lives colony OF persons who have for shelter
tents ard rude huts, and get a living by raking
over the garbage hauled thither by the dump
carts This colony is located on Perata street,
near Nineteenth, and just now along with
other Inconvenience Is suffering from an
overflow.
When Captain Hackett started to fill in a por,
ton OF the marshes by pumping sea sand with
his big dredger MS men erected a high mud
wall TO keep The slckens confined. This mud
bank has given away in places ana flooded the
domain OF the dump colony, and the inhabi-
tants are compelled TO go about their houses in
rubber boots, while in some cases the foul
water covers the floors. A complaint has been
filed with Sanitary Inspector Smith as to the
10,
will be investigated. The inspector will have
10 make the rounds in boat.
To Climb the Hills.
The Consolidated Piedmont Cable COMPANY
has just finished making portion OF that road
an electric road and has found it such a saving
in expense that the receiver of the road is seri.
ously thinking of turning it all into an electric
road. When The cable was changed TO electric
power only those portions of the road on the
levels were put under the trolley, because it
was thought the heavy grades over the Pied.
mont hills could never be overcome except by
the cable.
The road officials have been investigating the
matter, however, and have come to the conclu-
sion that with heavy motors the cars can be
made 10 climb the hills. car will be fitted
with The heaviest motor made and a test will
shortly be made.
No Celebration in Oakland.
There will be no local celebration of Labor
| day on Monday next in Oakland. The trades
unions have been too greatly crippled by the
! a parade and literary entertainment, but ar
| rangements will probably be made to join with
| the San FranciscanS in their celebration.
Even the schools Will not observe the day.
owing TO the fact that the State does not recog-
| nize ii as legal holiday. The last Legislature
| designed the first Monday in October as Labor
/ day, owing 10 the fact that the September day
was TOO close TO September 8, the States natal
day.
Mrs. BeDjsmin's Guardian.
| j. P. Simonson was appointed guardian over
I tHo poIsoh dhu eotdto Vi MS aunt, Mrs. BeH-
| jamin. by Judge Greene yesterday. The
| woman was examined by the Lunacy Com
| missiOners recently, but was discharged as she
/ was not considered dangerous enough TO be
| confined in an asylum. She is undoubtedly of
| unsOund mind, but is quite intelligent when it
comes 10 anything pertaining 10 the $3.50
| which the court designates as her estate
| SimOnson will have 10 furnish bonds in the sum
| of $500.
Colonel Kowalsky Called.
In the prosecution Of G. r. Bennett and the
| defense of George Gray, ex.MayOr Chapman
| has heretofore taken prominent part but in
the Gray Bennett cases o come I'D in the near
| future Colonel II. j. kowalsky will act as
| Gray'S champion.
1t Is stated that KOwalsky has taken the case
| In order 10 even up an old score with Bennett
| at whose hands he has suffered in the past.
| To-Day the habeas corpus proceedings, by
which Benefits release is sought, Will be
argued In the Supreme Court.
Leckie Worried.D
| Assessor Leckie Is somewhat worried at the
| manner In which the Supervisors have recently
been after him because of tile shortage OF road
| polltax collections in the Bay, Peralta and
| Temescal districts This road tax in the coun.
! try is the same as the pOlitsx in the city. and
the Assessor says the chief reason for the short
| aye is because the district has been cut up and
| large portion OF 1t annexed to Berkeley, which
exempIs the residents of the annexed portions
from payment.
| Meth odists In Conference.
| The Norwegian Danish Methodist Episcopal
| Church is holding its annual conference in Oak
| land, having commenced proceedings yester-