The morning call., 1895-01-04

ahead and make the negotiations. [ said.
IF am going to negotiate the matter it has
got 10 be on the basis of giving the neph-
ews something which will be substantial
and comm nsurate with their position as
nephews of DIR. Merritt. and ii any little,
petty sum is to be offered then you can do
il YOURSELF It was at last agreed that l
should offer them $250.000 in money and
property"
This offer was made 10 Mr.. Foote for the
nephews, aud the following day he de-
clined it. Stanly says he carried this
news to Mrs. Garcelon. and she then made
the offer 100000. This Foote thought
large enough. for he accepted, accordingt to
the deposition, which flashed as follows:
81 first started on the 9TH; / saw him first
on the 9th. and it was the 9TH that l
told Mrs. Gar3elon this. | went back
home and telephoned Mr.. FOote to come
down that night. BE came down and
offered him S500.000 and be accepted it.
| then asked him what kind of papers be
had; what kind of authority he had from
bis clients to enter into the contract. He
said he had mono: no power of attorney;
that be had an understanding with them;
but he said:
In this property you must give them
cash enough to cover my fee and expenses
and to start these boys in some business
l told him, i am not authorized to do that !;
| shall have to go back to Mrs. Garcelon
to do that He said that he wanted about
500. 900. / told him that | would advise
her to 10 that. Then l asked him about
what power Of attorney he had. and he
said he had none; and he said: Now. they
are up in the country, and as you have got
to pass on the sufficiency OF this power of
attorney / will be at your office tomorrow
morning and get you to draft It.
From this point the deposition relates
the minor details of the settlement. Mrs.
Garcelon objected to the first trust docu-
ment because under it If either of the
nephews should die without heirs at law
and there was a mother living she would
be the heir. She said: 1.-The Bachelors
have never made any OF this money. and
they shall never have any Of it with my
consent"
a Long Battle Promised.
The Laymance- Herrscher-Sanford con-
test for the office of County Treasurer W as
begun yesterday before Superior Judge
Frlck. The chief contestant is Walter
Laymance, who thinks that recount will
show sufficient gain for him to enable him
to overcome Sanford's plurality of q
votes. Joseph Herrscher, who was beaten
by Sanford by 226 votes, is an interested
but not an active party TO the contest. he
has clerk, however, and an attorney,
Emil Nus banner. Laymance's attorneys
Johns. S. P. Hall and Z. V. Gator appear
for Sanford. The latter Is retained -by the
Peoples party County Central Committee.
George Furry acts as caller and u. w.
HSwkett as striuger.
1t was late yesterday when actual count
ing commenced, and at the closing hour, 5
P. NJ, six precincts of the First Ward had
been counted. There are ninety-nine pre-
clncts in the county, and il is estimated
that ten of these will be disposed of each
day. Besides this. each of the ballots laid
aside on account of objections will be
argued fully before decided on, and this,
1t is estimated, will take many days more.
In each of the six precincts counted,
there were found from five to six object ion
able votes. Every ballot not marked abso-
lutely right within the meaning of the law
is LAID aside. and at the completion of the
count these are to be argued separately.
The gains and losses the first day balance
each other.
The recount goes on to-day. commencing
at 9 O'Clock, and will so continue from day
to day until complete.
They Stole Her Diamonds
Mrs. T. E. Hunt of 1920 Thirteenth ave.
nue. was relieved of pair of SOLITAIRE dia-
m0nd earrings and two solitaire finger
rings, on Monday night, December 16.
They were valued at 500.
IL seems that Mrs. Hunt was out to a
party on the night in question and wore
the valuable gems. Mr.. Hunt is travel
ing auditor for the Southern Pacific Rail-
road Company aud was away at the time.
On getting ready TO leave the house of her
hostess Mrs. Hunt removed the ear and