The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-25
The Last Document Signed by
Philip BOOgar.
JUDGE WOODS DECISION is UPHELD.
1t Is Decided That No Formal Recep.
tiOn Will Be rendered to United
States Senator Perkins.

on the streets is the coming election and
the local papers are filled with communi--
cations in favor of and against the Board
of Public Works. the great bone of conten-
ton in the combat of opinions.
The comments on the work of this
board have been sharp at times, but
has yet come to light. 1t makes explicit
charges against one of the board, R. A.
Hughes, accusing him of not only taking
presents, but money from one of the city
employees.
This little sensation is sprung by Coun-
Gilman Manuel, who gives it to the public
along with some comments of his own. 1t
is as follows:
Inasmuch as few of the friends of the Nom
Partisans who are in sympathy with political
with the Mayor and Council regarding the
charter amendments, it occurs to me that
these sympathiZers are not sufficiently familiar
with the methods of the Board of Public Works
to warrant them in using their influence for its
discOntinuance. little more light can be
thrown on the aforesaid methods by the publ
cation of the following affidavit, which was
given voluntarily by Mr.. White, who has been
resident and taxpayer of Oakland for over
twenty years. WALTER G. MANUEL.
The affidavit the Councilman has refer
ence to is this:
OAKLAND, Cal, January %, 1895.
Thomas NJ. White, being duly sworn, deposes
and says that in the year 1892 was employed
by the city of Oakland as gardener in Lafayette
square; that on or about the middle of May,
1892, l gave Commissioner Hughes a box of
cigars; that about every four months from
that time l gave Commissioner Hughes 81 30
up to about year ago, since which time have
given him nothing. Whenever ! gave him
long as am on the board" Deponent further
states that it is his belief that if he had con-
tinued to give said Commissioner money that
he would not have lost his position.
THOMAS NJ. WHITE.
Subscribed ana sworn to before me January
%, 1895.
JOHN A. BEcKwITH, Notary Public.
The fight in the courts is just as inter-
esting as that in the papers. De Cola
produced his application for writ of
mandate before Judge Ogden in the Supe-
rior Court yesterday, and the Judge opened
proceedings by sending for Judges Els
worth and Frick to sit with him.
At 2 o'clock, when the case was called,
the stuffy little courtroom was crowded to
suffocation. Lawyer de Cola was on hand
in support of his petition with Harvey S.
Brown, while Attorneys Davis and Hill,
ex-Mayor Glascock and City Attorney
Johnson appeared for the city, Mayor
Pardee and the Council.
Among the familiar faces in the lobby
were those of Assessor Dalton, A. A. Moore,
Judge Adams. Councilman Capell, Giles H.
Gray, Supervisor Church, Warren Heaton,
Edward Everett, G. F. Johns, II. G. Hea-
cock, ]. A. Beckwith, J. G. Martin, C. B.
Overacker, E. A. Sinclair and others.
Argument was opened by Lawyer de
Cola, who talked against the proposed
election, basing his opposition on section
g. article XI of the constitution of the
State, which refers to general and special
elections. The attorney held that a special
election for the purpose published could
not be held. Judge Ogden questioned the
attorney in such manner as to leave the
inference that in his opinion the points
were not well taken.
Attorney Davis held different views from
those expressed by Mr.. de Cola, and until
time for adjournment held the attention
of the court. The argument will go on
this morning at 1890 O'Clock, both Harvey
Brown and w. Lair Hill having yet to talk
on the subject.
Commissioner Hughes last night denied
in toto the charges made by White in his
affidavit and said they were absurd on
their face. The charge dates back three
years and since that time and up to the
first of the year White was still in the en-
ploy of the city and was finally dismissed
by Superintendent of Streets Harrison for
neglect of duty and general incompetency.
The Commissioner met Councilman Manuel
last night and for moment it looked as
though there might be trouble. Hughes
arrested for criminal libel. He is mad all
through and is determined to make some
body suffer for that affidavit.
Last Document Signed by Boogar.
The death statement and the last docu-
ment signed by old Philip Boogar has
never before been in print. He explicitly
charges that his wife, Catherine Boogar,
was an accomplice in his murder by Col
Inns. The document in full reads:
OAKLAND, CAL, January 8, 1895.
1, Philip Boogar of the city of Oakland,
county of Alameda State of California, fully
believing that / am now about to die and
that l cannot recover, hereby request
sist in the prosecution of Collins, the man
who shot and wounded me, from which
wounds / am now dying, and to assist in the
prosecution of Catherine Boogar my wife, as
an accomplice in my death also request him
to act as attorney in all matters affecting my
estate and the probate of my will.
His
PHILIP x BooGAR.
Witness to signature,l
name, I, in his presence and at his request,
wrote his name and he made his mark to
this instrument. E. NJ. PATERSON, MD.
No Jury Trial for Kohler.
The petition for a writ of mandate asked
for by Herman Kohler to compel Police
Judge T. V. Woods to grant him jury
trial was dismissed by Judge Prick in the
Superior Court yesterday.
A technical objection was raised by
Attorney ]. G. Martin representing Judge
Woods. He claimed that writ of man
date could not issue, and stated that
Kohlers only remedy was an appeal.
The stand taken by Martin appeared to
be a great surprise to Clarity and Abbot,
the attorneys for KohleE who said that
when the action was brought they expected
the case would be tried upon its merits,
and did not think that any such objections
would be met, but now they will be COM
PEELED to take the slower process and APP
peal the case.
Damage Suit Compromised.
The damage suit of Mrs. Sarah Lynch
against the Alameda, Oakland and Pied
mont Electric Railway Company for
900 has been compromised. and this
morning the court rendered judgment by
stipulation for $1,000 in Mrs. Lynch's favor.
Mrs. Lynch brought suit to recover for
the death of her husband, who was run
over and killed by an electric car in Ala
media on October 16, 1893.
Delmas & Shortridge of San Francisco
acted as her ATTORNEYS