The morning call., 1895-01-17
Mrs. NickaIs Looking Out for Her
Own Interests.
FOR THE REBUILDING OF ST. MlRY'S.
Several Damage Suits-Distribution of
Estates-ittack by Footpads-A
Chain Gang.


in cases of violation of municipal ordin-
ances is likely to give rise to some inter
esting litigation. Wood is acting Police
Judge by virtue of appointment by the
Mayor and as city justice under the
Whitney act. The Judge finds a precedent
in the action of the city justice of Los
Angeles in similar cases when the Superior
Court upheld the action.
Since the beginning of the year Judge
Wood has refused jury trials in such cases
and the decision has been accepted with
some demurring. AS no one appeared
anxious to carry up case to the higher
court Herman Kohler, saloon-keeper
charged with violating an ordinance
against keeping saloons open after II
o'clock, has determined to test the power
of the court to deny what is claimed to be
a constitutional right of trial by jury.
The demand of Kohler for jury trial
was denied and the case set down for trial
by the court to-day. Kohler's attorneys,
Carl Abbott and Thomas +. Clarity, pre-
pared a petition for a writ of mandate,
which was presented last evening, and
Superior Judge Prick issued a citation
forthwith requiring Police Judge Wood to
appear before the Superior Court on Janu-
airy "a and show why he should not grant
trial by jury to the petitioner.
In the meantime the trial will be held in
allegiance. The question is regarded as a
new one by attorneys and will have an
important bearing upon the enforcement
OF the ordinances and the dispatch of busi-
ness in the Police Court. The matter, how
ever, has more serious aspect as regards
the possible abridgment of civil rights as
penalty of Imprisonment may be i'm
posed for the violation of city ordinances,
and in cases where itigant or petty
offenders will not be able to appeal it
would practically permit of Imprisonment
present proceeding is awaited with inter
est by attorneys.
A Pistol Flash.
The flash of pistol is being made quite
an important issue in the trial of Charles
Becker for the murder of G. A. Edison at
Alameda. A witness named Dillon testi-
fed that he saw the flash of the pistol and
that Becker shot at Edison as the latter was
passing out of the door of Sebeclz's saloon.
This is in direct contradiction of the testi-
mony of Becker, who swore that the re-
volver was drawn upon him by Edison out
side of the door, and that the first shot was
fired while the men were struggling. The
witness testified that he saw the flash, and
thinking it was some practical joke had it
in mind that Becker would burn Edison
coat.
The defense called Captain Fletcher and
Detective Nick Williams and gunsmith
named Hall to prove that pistol of the
pattern used in the shooting of Edison fired
in the daylight would not emit flash that
would be visible. The prosecution pro-
duced Otto Bremen, a gunsmith, who said
he had seen the fash in firing pistol, but
admitted on cross-examination that it was
in room that was not in full light. Au-
gust Browning, called as an expert, testi-
fled that he had been in the business for
twenty years, but queered his testimony as
an expert by saying that two days before
testifying and after his being subpenaed
he had fired off a pistol to satisfy himself
The prosecution objected to his testimony
as an expert on the ground that he had
been experimenting. The prosecution
then offered to fire off the revolver which
is in evidence in the courtroom in the pres
ence of the jury. This was objected to by
the defense upon the ground that the day
was cloudy and the courtroom dark, and
that the conditions were not at all similar
to those under which the fatal shot YVES
fired.
Some unimportant testimony in re-
buttal was taken and the case adjourned
until this morning. The evidence is prac-
tically all in, and the argument will be
begun to-day.
Estates to Be Distributed.
Jane Newton has filed her final account
as executrix of the estate of Charles New
ton. The account shows that all that came
into her hands was 1859 So, money in
bank, of which 1891 So remains to be dis
tributed. The deceased was the holder of
large amount of real estate on Peralta
Heights, but had decided it to his heirs
before death.
The estate of William M. Haywards is
also ready for distribution. The deceased
was the son and one of the heirs of the
late William Haywards, founder of the
about year after his father. He bequeathed
one-third OF his estate to his mother, one
third to half-sister and one-third to Hen
rietta Stey Moody of the city of LAFAYETTE,
Ind, the intended wife of the deceased
Miss Moody assigned her interest to the
mother, to whom distribution will be made
of two-thirds of the estate, the other third
going to the sister. There is $186O 81 cash
and 0,00O in bonds of the Haywards cleo
trio road.
President whidden Exonerated.
The committee consisting of Messrs. w.
r. Berry, w. F. Humphrey and F. w.
Koch, who was appointed by the Pacific
Athletic Union to investigate the charges
of George d. Baird against President NJ.
A. Whidden and. Treasurer Ives of the
union, have made a report. in which they
fully exonerated both of any negligence in
the conduct of their office, and the union
has passed resolutions dismissing the
charges.
They in turn bring charges against the
Olympic and Acme clubs of violating the
rules of the Amateur Athletic Association
in holding boxing contests of more than
three rounds each and offering trophies
valued at more than $50. Both clubs have
been given notice to appear and answer
these charges before the union.
California Authors,
The university library at Berkeley has
been presented with the collection of
writings by California authors which was
gathered by the woman's library exhibit
committee and were a feature of the Cali
fornia building at the Chicago exposition.
1t is proposed to make this permanent
department of the university library, and
Librarian Rowell desires to make it as
complete as possible. Any contributions
of rare and scarce books will be appre-
ciated and, by giving them place at
Berkeley they will be preserved and made
of permanent use.
For the Unemployed.
Two plans of providing for the unem-
ployed are at present being advanced in
Oakland. One is by the associated