davidaulloa/AmericanStories huggingface dataset:
The morning call., 1895-01-24

open any package left by Mr.. Fair without
the legal authority conferred by the court.
Surely there can be no harm in depositing
these papers in court SO that all who are
interested may inspect them"
Mr.. Pierson responded with denial that
section 1902 applied to the case in point
He read sections 1898, 1918 and 1900, which,
in his opinion, provided conclusively that
the authenticity of any will must be es-
tablished in probate proceedings.
This whole proposition, !" continued Mr..
Person, amid deep silence, sis simply a
flshlng excursion, thinly disguised plan
to enable an heir or heirs to get informa-
ton on which to base possible contest of
the will on file in this court. Thus far
this Will is proven by the oaths of six per-
sons to be the last will of James G. Fair.
Ii they wish to contest that, they should
do so in proper form and at the proper
tlme-namely, when the will is admitted to
probate
Mr.. knight stated that this will and the
petition for its probate had been filed by
persons claiming to be the executors chosen
by Mr.. Fair. They contended that owing
to certain clause in that will all other
wills were revoked and void. Why should
these executors pass upon this question
when it was the court that should do SO?
This will" declared Mr.. knight with
emphasis, sis not yet proven to be the last
will OF James G. Fair. All of the affidavits
OF Messrs. Angus, Bresse and Goodfellow,
the executors, wouldn' t establish this claim
without proper evidence. On the broad
theory of right, justice and fair dealing to
the children of the deceased, these men
should not oppose this order. Why do
they wish to deny these children the right
to inspect all of the papers left by their
father? When this case comes up on Feb
ruary Z, your Honor, you will find that some
information relative to these papers would
be OF service to you in your elaboration of
the testimony offered. From the stand
point OF justice to these children, l ask that
these papers be produced in court"
Charles L. Fair listened to the argu-
ments OF counsel with evident interest. He
sat near hot stove with his overcoat on
his knees and his hat held to one side of
his face to shield it from the increasing
heat. He was the center of all eyes when
Reuben H. Lloyd arose to support the ar
guments of Mr.. Knight.
"Let us review the facts of the case,"
said Mr.. Lloyd in his softest tones. ga
few minutes before midnight on December
%, 1894, James G. Fair died. About five
minutes of o'clock on the following day,
before the body of Mr.. Fair was cold, his
executors inspected his private papers and
during the day secured an order of this
court to take possession of the papers,
property and other effects of the deceased.
The morning call., 1895-01-24
SIIEEHAN And WATT WILL HAVE TO GET OUT.

Peoples Home Savings Bank. The Bank
Commissioners will assist the board and it
is expected that solution of the difficulty
will soon be reached.
The savings bank directors claim the
Pacific Bank building and they propose
not only to have it, but also will demand
all the back rents. When these results
have been reached it is expected that all
will be plain sailing and the depositors will
be in fair way to get the balance of their
money.
When board of directors to manage the
Peoples Home Savings Bank was elected
last July the depositors were represented
by S. A. Mcdonnell and s. P. Young.
After a couple of meetings had been
held it was found that Mcdonnell
was not a stakeholder, so he had
to retire. Then Young thought that
his other business took up all his time
and that he could not give the requisite
attention to his duties as director, so he
resigned. This left the depositors without
a representative on the board and they
have been clamoring ever since. Their de-
mands were granted yesterday, and all will
be peace and quietness in the Peoples
Home Savings Bank circles in the future.
ave were only too willing to give the
depositors a representation on the board"
said Colonel George Stone yesterday. "Not
one of the directors but will be glad to get
rid of the worry and annoyance attached
The morning call., 1895-01-24
BOXING AND WRESTLING.
A Lively Evenings Entertainment at
the San Francisco Athletic Club.

bhc San IdACASCO AbnIcOlC OIuOs
The gymnasium of the San Francisco
Athletic Club was crowded last evening
with members and invited guests. 1t was
exhibition night, and the boxing, wrestling
and club-swinging were first class. The
following programme of events was car
ried out very successfully: Billy Woods
and P. Tantagnes boxed three rounds; w.
Britt and F. Coughlin boxed three rounds,
and A. Greggains and George Bates gave a
very clever exhibition with the gloves.
The remaining three-round bouts between
J. Fenlon and NJ. WEIGH, f. Muller and M.
Kirchner, Dan Kemp and Tom Devine
and Lucie and Reed were very interesting.
The catch-as-catch-can wrestling bouts
between G. Kelly and ]. Moroney, M. NV
rish and George Mertes were highly an.
preciated by lovers of the sport. The en-.
tertainment concluded with laughable
fistic exhibition between Professor Dan
Kemp and Alex Greggains. The club will
give an athletic exhibition and ball at 323
Turk street on the evening of February 16.
The six-round bout between Fred Muller
of the San Francisco Club and f. Gilbert
of the Olympic Club has been declared off
as Gilbert cannot get to weight. M. Kirch-
ner of the San Francisco Club is only too
willing. and anxious to meet Gilbert at the
Olympic tournament at from 1873 to Ia
pounds.
The morning call., 1895-01-24
LAW, NOT SENTIMENT,
Guided His Ruling, Declared
Judge Slack.
CHARLES l. FAIR In COURT.
He Vainly Asks to See His Fathers
TeStamentS.
ARGUMENTS OF OPPOSING COUNSEL.
The Order to Compel the Trustees to
Produce the Papers Of James G.
Fair Is Refused.
ARGUMENTS OF OPPOSING COUNSEL

The preliminary steps to possible con-
test of the will of the late James G. Fair
were taken in Judge Stacks court yester-
day. The proceedings were brief, but the
decision of the court was unfavorable to
the dissatisfied children of the deceased
millionaire.
The matter to engage the attention of
the court and spectators was motion for
an order to compel the trustees named in
Mr.. Fairs will to produce all former wills
The morning call., 1895-01-24
A WIDOWS INVESTMENT.

She Says She Was Defrauded and Brings
Suit.
Mrs. Henrietta Witzeman is widow,
and until some little time ago she was a
widow of property. She is no longer one,
and that fact has given rise to complaint
which she has filed in the Superior Court,
which sets forth why she is no longer the
possessor of property, and also the fact
that she thinks the courts ought to help
The morning call., 1895-01-24
BALD HEADS COVERED.

I For the first time In the history OF the world
discovery Is made that restores gray hair to its
natural color without dye. Nine. NJ. Yale, that
most wonderful woman chemist and great scien.
fist, is the discoverer. The Excelsior Hair Tonic
is the remedy. Nine. Yale has placed it on the
market for the benefit of the public. and guaran-
hair no matter how long it has been gray. The
cure is permanent in every way. 1t will also stop
stores the hair on bald heads and creates luxu-
RANT growth. 1t Is guaranteed cure for every
ailment of the hair or scalp. The whole world
bows down to Nine. Yales discovery and to. her
great skill o chemist. which has been
equaled by man or woman. The Excelsior Hair
Tonic holds complete sway over the human hair.
There are no ailments which the hair is heir to
that it cannot cure. Beware of limitations. See
that every bottle is labeled Mime. N. Yale's Ex-
cels0r Hair Tonic. Guaranteed to Restore Gray
Hair without Dye" Price 81 per bottle for S5
Sold by all Druggists Mail orders promptly
filed by
The morning call., 1895-01-24
Swallowed strvehnine.

Peter Bradley, a teamster who resided at
227 Sixth street, was found dead in his bed
late last night. He had swallowed strych-
nine and his body was sent to the Morgue.
Bradley had been out of employment for
several months, and it is thought that
dependency drove him to suicide. He
was 90 years old and leaves widow.
The morning call., 1895-01-24

worth, so much the
better. w e have
marked all novelties
bought for the Fall
and Winter trade
down to cost, or
even less, to effect
t h cir immediate
sale. wo good
reasons for this
The morning call., 1895-01-24

to the position. If the Bank Commission
ers are satisfied with the gentlemen nomi-
mated by the depositors they will be ap-
pointed and that will settle the matter.
What other changes will be made will rest
with the newly organized board and the
Commissioners"
The morning call., 1895-01-24
NINE. nj. YALE, Chicago.

REDINGTON q co., LANGLEY q
MICHAELS and j. j. MACK CO.,
supplying the Retail Druggists of the
Pacific Coast with full line of MIME.
YALE'S Complexion and Health Renee
dies.
The morning call., 1895-01-24
DRY GOODS.
Economy

Economy avoids all waste and extravaganza ana ap
plies money to the best advantage Economy does nor
mean frugafity or parsmony. 1t means the eXPenei-
ture of enough but much 1t means paying LOT
things you need the price they are worth ana no MORE
If Won can't buy them for less than they really
The morning call., 1895-01-24
For Selling Morphine.

T. ]. Collins, a druggist on Mason street,
was fined $50 by Judge Joachimsen yester-
day for selling morphine without doctors
prescription. A jury found him guilty on
Tuesday.
The morning call., 1895-01-24
AMERICA LEADS THE WORLD.
JUST so WITH I

TEAS. COFFEES, SPICES. CHINAwARE
CRoCKERY. GLASSWARE, SOLD BY THE
The morning call., 1895-01-24
Annual
Winter
Sale
Trading
Here
Means


We carry no goods over from season to season; ana
the new tariff Wooden Goods, which went into
effect January L, has deprecated the value OF our
remaining Dress Goods stock fully Is per cent.
The morning call., 1895-01-24

Frances war material is valued at
$5,000,000,
The morning call., 1895-01-24

Horses succumbto cold quicker than an,
other animal.
The herald., 1895-01-22
FOLEY PARKER GOES ITALY

He VIII Study Under the Best Vocal
Masters for Three Years.
For several years in almost all OF the
principal church and charitable benefits
and local dramatic entertainments in
this city Foley Parks. has taken very
prominent part, winning encomums for
his talent and appreciation for the gem
erous donation of his se-vicea. His pop
ularity has gained for him large num-
Der OF strong friends who will be pleased
to learn that he has now secured
through the generosity of msmber OF
Unity church the opportunity to attain
his am bition to perfect his musical edu.
cation. On Friday he leaves Tor Italy,
there to receive a three years. course of
training under the best vocal matters.
At the end of that period he contem-
plates returning TO Los Angeles aud To-
eating as instructor in vocal mueic.
Mr.. Parker haa been the assistant seq
rotary OF this Jonathan club for several
months. and whom his resignation was
accepted last evening the board of di-
rectore passed the following resolution (:
In accepting tbs resignation of Mr.. Foley
Parker 3alstant seGre LAry, this board desire
TO ASSURE him that he pos jesses the WaIla re-
gard and great esteem Of the member of the
b,sri as well as Of the club. and that he has
Decfbrmeu his duiss o the entire Satisfaction
OF all concerned While we regret that he
must SO rer his connection with tbs club, we
realize the fact that theGe Is a much more brill
Hant future b sfore him, and cousratulate him
upon the opportunity TO attain his ambition,
He leaves on his "trip with good wishes and
God speed for mis- future success and welfare.
The herald., 1895-01-22
HE BURIED THE WIDOW
THEN JOHN VAUGHN TRIED TO
KILL A FORMER FRIEND.
Peculiar Remarks Of the Man From
Arkansas Get Him Into Ser
ious Trouble.

J. G. Taylor, the carpenter whom
John Vaughn stabbed at the Vernon
saloon Sunday afternoon. ia much im-
proved, and will recover. lis may, how.
ever, lose his power of speech, 10 his
windpipe was nearly severed
The row occurred over Taylor'a refusal
to loan Vaughn some money, but other
things have developed that show there
was more than thia at the bottom of it.
Early yesterday morning the wounded
man became frightened and thought he
WAS going to die. He said that he felt
as though he should tell everything he
knew about the circumstances that led
up to the cutting, and prooesded to
do 30.
Several years ago." Said Tay.
Tor, ~ knew Vaughn in Little
Rock, Ark. We boarded together for
q while ct the place kept by Mrs.
Landstrom, at 600 Ninth street, or 800
Sixth street, have forgotten which.
1t was always said that Vaughn married
the widow for her money, for she had
considerable. They were married and
went to Kansas, if remember rightly.
The next thing | knew l met him out
here. He came to me and | got him q
job az carpenter for Contractor Rynning
OF Court street, for whom was working.
"One day asked him what became
of the widow, as | saw that he was pretty
well flushed with money. He replied
that he had buried her long ago.
From this remark and from others he
made regarding Mrs. Landstrom. l was
Of the opinion that ali WAS not right,
though said but little to him about it.
"After his remark he seemed to be
very distant, and this only added to my
suspicion. He was sorry that he had
made the remark end always attempted
to pick q quarrel with me-"
From the iacts in the possession of the
police, it is believed that Vaughn is guilty
of other wrongs than that OF attempt
ing to murder mis- former friend. He is
now in Jail awaiting the outcome Of his
victims in iuries.
The herald., 1895-01-22
A CORRECTION.

The weilIngton's Crew Was Not Alb
sent. Nor the Spring Line Parted.
L. was clearly q misstatement on the
part of the Santa Monica correspondent
who sent to THE HERALD Friday night a
dispatch, in which 1t was said the big
collier Wellington. nov dischargine her
cargo at the long wharf. had parted her
spring line drftiIg ths storm and that
the crew OF the vessel wss abasnt from
the ship,at that time.
1t 10 The HERALD's desire to be accu-
rate and fair ia all matters. and it takes
pleasure now in contradicting the I'M
reliable report of the Santa Monica corr
respondent and in stating, upon the au-
thority OF the master of the Yelling
ton. that the spring line was not parted
by the violence of the great southwest
ern storm that prevailed at Santa Mon
lea last week, and that the crew was
not absent from the vessel at the time
stated. The Wellington's master feels
that, to quote his own words, my
whole ships company was slandered by
the article in most serious manner. J"
Certainly this was not the intention
OF THE HERALD in publishing the dis
patch, which was to chow the unshel-
tered condition OF Santa Monica road
sted in case of southwest wind. and
not to overstate the facts in any way,
much less to "sander" or misrepresent
the Wellington's excellent crew and
master.
The herald., 1895-01-22
Tho Fuller Blair Concert.


The concert last evening at the Young
Mons Christian Association by the Full
ler-Blair trio was well attended, and the
GLOWING programme was rendered.
Trio OPP. Is. No. 1, Rubinstein. Con moto
moderate. Andantino. Resoluto con fuoco
Vocal solo, Abide With Ne, Frederick Blair
Miss Grace NJ Sergeant cello obligato by Mr..
Blair
Violin soil, (a) Simple Aveu, Thome, (b) Spin
ming Song, Hollaender.
Violoncello soil. ts) Ballade, Goltsrmann, tb)
Danse Hollandaise, Dunkler
Vocal 500. Inc Better Land, Cowen-Mrs.
Judson Saeu,er.
Trio, Hungarian Dance No. 1, Brdhms-Piano,
Miss Kate W. Fuller; violin, Miss Helen Fuller;
violoncello, Mr.. Frederick Blair.
The. Rubinsten trio WAS exquisitely
rendered. 1t was difficult to accord any
instrument the supremacy, 80 perfect
was the ensemble. especially in the sec
ond movements. The vocal solo, Abide
With Me, was sung by Miss Sergeant
with a charming simplicity and ease.
The violin solos by Miss Helen Fuller
and the solos upon the violoncello by
Mr. Blair were fine examples of skillful
musical interpretion. and won from the
audience enthusiastic and deserved ap.
plause. The accompaniment of Miss
Kate Fuller were those of an artist. The
Better Land was given by Mrs. Saenger,
who possesses o rich contralto voice, and
sang with taste and feeling.
The herald., 1895-01-22

Saturday he was seized with an attack
of angina pectoris. the result of organic
disease Of the heart induced by expos
ure, anxiety and overwork.
He was at once given medical care, but
about week after the spirit of the man
showed itself by his getting up and at
tempting to 60 around. The result OF
this was a relapse, from which he never
recovered. Serious apprehension OF q
fatal result was not entertained until
yesterday morning, when it was seen
that the end WAS near. The doctor was
conscious ar different times during the
day and toward evening gradually sank
and passed away at 7 80 O'Clock.
He leaves q widow and one child, q
daughter, now the wife OF John W.
Griffin of this city.
DR.. Burbank WAS an old and active
Mason and q mem Der Of Pentalpha
lodge, F. & A. M. No. 202; OF Signet
chapter No. 81. R. A. M; Los Angeles
council. R. & s. M; Ceuf de Lion
commandery No. 8. K. t.; an officer
and member Of the Lodge Of Perfection.
Chapter Rose Croix, Council Ksdosh
and Occidental Consistory OF tine Ancient
and Accepted Scottish Rite; and also q
member of The Shrine. AL Malaikai
Temple.
DR.. David Burbank was born on De-
cember II, 1921, on the Saco river in
New Hampshire. During his child
hood his parents removed to Watervile,
Me-, where he grew up. studied dentistry
and practiced until 1853. In that year
he came to California, crossing the
plains and arrived in San Francisco.
There he practioed his profession until
1866, when no came to Los Angeles.
Shortly after his arrival, he purchased
the Providsncia and SCOTT tract, COM
priaing about 5000 acres, and on part of
which the present to- n OF Burbank now
stands. He was also largely interested
in the sheep business, but until 1872
still practiced as a dentist. From 1852
until the present time his entire asten.
tion was devoted to the care and i'm
provement OF his large real essate pos
sessions.
The herald., 1895-01-22
RIVERSIDE VS., SAN BERNARD|N0.
The Former Wants the Sum
of $132,027.
Allegations of an Unfair C0mbina-
tion by Commissioners.
A Change OF the Place of Trial Denied I,
But Demurrer to the Complaint
Taken Under Advisen emit.

The motion made for a change OF the
place of trial and the demurrer in the
suit OF the County Of Riverside against
San Bernardino were heard yesterday
before Judge Mckinley. 1t is an action
to have the settlement between these
counties, at the time of the division, re-"
adjusted also for a settlement OF the
accounts between them; and. lastly, for
$132, 027. 90.
1t was further alleged in the com plant
that the three commissioners from San
Be-nardino county, Joseph Brown, d.
NJ. Barton and G.. T. 6tamm, had COM
bined together against the commission
ers from Riverside, j. q. North and e..
S. Wise, to reduce the amounts OF the
award OF San Bernardino TO Riverside !;
that the commissioners undervalued the
assets of San Bernardino county by over
500, and included in its indebted
meas $1S0,000, the salaries OF county
officers. which would accrue after the
division of the two counties.
San Bernsrdino county, on demurrer
claimed that the superior court had no
power to review the action of the divis-
ion com missioners; that San Diego
should have been made defendant in
the suit, and that the causes Of action
were Improperly united. Further
grounds alleged were that the COM
plant was uncertain because it could
not be determined from it whether
Riverside was suing for the recovery of
money or seeking q writ of mandate to
compel the commissioners to readjust
the settlement of the affairs of the two
counties under the act Of the legislature
Of May, 1893.
The motion for the change OF venue
was argued by Frank E. Oster, ex-dis-
trict attorney OF San Bernardino, on be-
halt OF that county. lie claimed that
that county war not necessary party
to the action, it being in the nature of
mandate to compel the com missioners
to make new award.
For Riverside, Hon. r. E. Houghton
OF San Francisco replied. He argued
that San Bernardino was directly inter
ested in the result of the litigation and
q necessary party to it.
Ex-Juatice Patterson said that tho act
under which the commissioners we're
appointed was unconstitutional because
it provided for the ssoertaining of inc
debtednees. but did not include liabil-
lies. His argument was that the find
ings of the ommissioners were con-
elusive. and could no be reviewed;
neither could the commission be rs-
called into existence for the purpose OF
making q new award. No claims had
been presented to San Bernardino
oOrutv for theae liahilitiea
John 8. Chapman, Esq.,i the closing
argument laid stress upon the fact that
San Bernsrdino had included in its in
de btedness the salarea of it's county
officials for two years up to January l,
1896, and claimed that it might as we'll.
with an equal show of right, have in
cluded the salaries of it's officials up to
the next century.
Judge Mckinley denied the motion
for q change of venue and took the de-
murrer under advisement.
The herald., 1895-01-22
ARE ACHING FOR HIM.

The Authorities of San Luis Obispo
Want a Wifs Beaten.
Chief Glass yesterday received bsnch
warrant from Sheriff Ballou OF San Luis
Obispo county for the arrest OF the wife
beater and swindler. Thomas Lewis
Young, who is serving a 1OO-day SEN
tence in the city Jail for bs ttery upon
his wife.
Immediately upon receipt of the war
rant orders were given to not allow
Young to again 60 out as one of the
chaingang. for fear of his escape.
Upon the expiration of HE term in
the prison he will be taken north. where
he will stand trial on q grand jury in.
dictment for obtsining money under
false pretenaeg.
The authorities at Petaluma are also
anxious to get hold of the fellow on q
similar charge.
The herald., 1895-01-22

sstrous. Besides, If the counties were
to build railroad between the San
Joaquin valley AID Los Angeles. this
county would have to stand the largest
part OF the burden. The road through
Los Angeles county would be- very ex.
pensive on account Of the mountainous
country TO traverse, while San joaquin
valley is almost level. and the expense
c. constructing a line there would be
nominal in comparison. 1 would like
to see such railroad built. hut think
the wisest and best way is by private
capital"
Ex-Governor Markham will start this
week for Sacramento to attend the in
augural ball.
The herald., 1895-01-22

The grand larceny charger againat
Robert GARRISON and Sam Husst wore
diemissed in police court yesterday and
u charge Of petty lsrcsny substituted.
They will DO tried today on apeciic
charge OF stealing bicycle. Other
police court csass were diepossd OF as
follows: G. w. Reed, carrying con-
cealed, weapon, fined $25; John Hill.
vasrant, 80 days; George Lester,
Peter King. vagMnts, 60 days each ;
John Dwyers vagrsnt, 80 days. Joe
Long, a newsboy who stole 4 paper. was
allowed to go irse after q good lecture
by Police JndNe Oven.
The herald., 1895-01-22
DOCTOR BURBANK DEAD.
HE EXPIRED QUIETLY AT HIS
HOME LAST NIGHT.
One Of the Pioneers of the State-A
Prominent Citizen and an
Active Mason.

DR.. David Burbank. one Of the pio.
neerH of the state and for 20 years q
prominent citizen OF Los Angeles. died
ct his residence. 523 South Main street,
ct 7':30 O'Clock last night.
The doctor 70 years old and up to the
9Th OF this month had never known
what il was to be ill. His life was an
active one and he often said he had no
time to be sick. Two weeks ago last