The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-01-23
ETHEL G. SMITH.
A Guardian and LAWYER
Appointed.
The Boogar Case Again-Miss Nellie
Witcher Wants Her 100000.
An Insane Mans Idea.

from The executors of her fathers estate.
All the parties interested were present in
court Yesterday when the case was called.
Attorney HayfOid, who had been acting as
legal advisor for Miss Smith, stated the letters
Of administration that had been issued to ex-
judge Rosborough had been revoked. and that
the Union Trust Company has refused, as re-
queSted, 10 become custodian of the property.
lie then requested that S. q. Nye be appointed
Miss Smiths guardian and executor.
Attorney Wood, appearing for Mr.. Ros-
borough, objected 10 the appointment of an
other executor, claiming thar MI. ROsbOrOugh
had filed his accounting, and that the estate
was ready for distribution and that no executor
was needed.
The court thought the objection not good.
Mr.. Nye stated that he would consent TO act
as executor of the estate of Miss Smith, and
that young LADY said she was perfectly willing
10 have him act Tor her.
AT The afternoon session the question came
up as to who had advised Miss Smith to leave
her home al the Blake House in this city and
90 10 San Francisco.
Mr. Rosborough arose and stated that At.
tornty HaytOrd had stated before Judge Ogden
that lie had emission from Judge Greene TO
take her TO San Francisco.
lie court inquired of Attorney Hayford
about This. and that party SAID lie had had a
TAX WITH Judge Greene. in which IL was con-
crded advisable That Ethel go 10 the city aud
learn HE millinery or some other business.
did not remember giving any pc mission for the
removal of the gin from the Blake House.
Judge Greene said: The straight fact is that
Miss Smith made application 10 me 10 90 over
and advised her TO stay where she was. l
never gave 10 her, TO you or 10 any one else
permission for her ID 60"
Judge Greene was very emphatic on this
point, and when lie got through MI. ROs-
boz ough arose ami said:
You nave denied That you gave him author
ity. ] say that he ala say yOu did So.''
a IN ri
Tor the mother came up ana created consider
able tall, which Judge Greene finally ended by
saying:
II have no doubt you were acting as
her attorney upon her authority, and that
settles It,"
Al TINS point Attorney Wood arose and made
a motion that The order removing Mr.. ROS
borough he revoked.
The court refused to entertain The motion
untH an attorney was appointed for Miss
Smith. and il was finally determined that Mr.
Nye also act as the young woman's attorney.
The case went over until Monday afternoon
next
The Boogar Case.
The celebrated Boogar poisoning case was
resumed before Judge Ogden yesterday
morning.
The first witness called was Harry n.
BOogar tried TO employ him 10 work up a case
against the defendant, but he refused 10 DO SO.
The testimony was stricken out.
q. W. snyder, being swOin, testified that In
last November Mr.. BOogar was sick In San
Francisco aud appeared 10 be suffering from
cramps.
a. /. Frick testified that he was Deputy
District Attorney, but declined TO answer the
next question and was excused.
solomon Palnbaum was placed on the
stand, but lie was not allowed To testify, and
was excused. The court then took d recess
The first witness called al the afternoon ses.
sion was vi. Mark. He testified that Palm
baum, while In his employ, told hm about
buying poison Tor BOogar at Osgood's drug
store. He said that although lie knew Ialin-
baum's reputation was bad he ala not discharge
him.
Margaret Armstrong. the next witness, tesii.
fed that Sue was working at the Boogar resi-
deuce AT the time the rice poisoning case came
up. Mrs. BOogar had often talked to her
about the amount Of money this case was cost
ing her. She said that she would keep this case
hanging over B0ogar MI he settled; aud unless
he put up" she would send him over the bay.
Mss. Boogar SAID she owed Mrs. McMenomy
81 30 Tor h,lpiug her on this case.
Much merIime ut was caused by Mr.. Frick in
the crosS-eXamnattOn of Mrs. Armstrong, and
he several lines hauled over The Goals DIV
the Judge for his manner OF asking questions
Witness was still on the stand when court
took an adjournment until 10 O'Clock this
morning.
council Proceedings.
At the meeting OF the City Council last night
only routine business came up for considera-
ton.
For December the Chief OF Police reported
the average number of prisoners rer day was
42l2; number meals furnished. 2643; cost OF
provisions Tor City Prison. S11S so; cost per
head per day, 9 cents, or Az cents per meal
A resolution authorizing The chief of Police
TO employ fifteen night watcbmen for period
OF twenty days al cost not 10 exceed S499
was introduced and passed. These walchMen
VIII be paid at The rate OF $50 per mouth for
their services.
CIty Engineer Gray sent a long communica-
ton 10 Tie Council suggesting various improve
ments in the matter OF street seweriug MIR
Dalton ked why this letter was not sent to
the Board OF Public Works. 10 be by that BODY
referred To lie Council If II saw iii. A motion
was made and secluded that the matter 20 To
The Board Of Public Works, and 1t was $50
ordered.
A communication from the Board of Eduea-
tion asked That the Council transfer to the
school fund the sum Of $4,000. 10 lie end that
the Board OF Education may proceed TO adyer-
Use for bids Tor the erection of lie Garfield
School addition. The matter was referred 10
tie Finance Committee.
The ordinance appropriatng $1,000 for the
forty special officers employed 10 help guard
the city last month was finally passed.
An ordinance requiring stTeeIcar lines TO
place lleguards on all cars WAS read for the
third time, but on suggestion of MIR. Barnard il
was again referred 10 The Ordinance Committee
10 have some defects rrmedied 10 regard 10 the
height the guard should be from the street.
Retained by the Supervisors.
Yesterday the Board OF Supervisors refused
to reduce the rate of wages fixed for the unem.
plOyed from So per day To 81 80 per day. as
has been one by the CITY Council and indorsed
by the citizens committee which was appointed
by Mayor Pardee.
lDele WAS quite n SHARP passage at arms be-
tween some OF The Supervisors and members of
the committee, aud Colonel Lyon tuoG occasion
to remark:
1--WE are not indulClng In eaprap. The
times are hard with merchants and all. Our
sympalhes with the UNEMPLOYED ana
money is scarce. If We can't give them 50 per
day let us give them 81 so. That Is what the
committee Is endeavoring 10 do in order 10 give
all a chance. There is whole lot of politics in
this. and l understand that members of this
board have been told that II they did not stick
UP Tor high wages they could not be reelected
For one i shall advise the citizens committee
10 wash their hands Of The whole business and
turn it over 10 The Supervisors and let them
play politics."
Supervisor PelOuZe - Your committee has
sent men 10 NE that Would not put to work |
would not do so because | knew them To be-
uOperly-OwnerS. out OF ten men you sent me
one OF them owns three city lots and Il good
residence, aud the other has as good a home as
you OF 1. ms Is an Imposition, and L would
not tolerate II IN my dlsi,Ict
Mr.. Lyon Well then, shan advise the
committee, which has been doing the beat 1t
could, 10 lei TINS board 70 1t alone hereafter
You say you have but little money. hat viii
soon be exhausted, ana then you Will come
pleading to the committee for subscriptions
Report of Trustees.
The final report of the trustees In the case OF
MIS-. Nellie WItcher. who was legatee under
the VIII of Francis Blake has been fled Ry