davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
AN IMPORTANT OPINION.
Judge Sanderson Says the Fee
Bill of 1866 Is Repealed
by That of 1895.
Five Per Cent of a Judgment May No
Longer Be Charged in
Cost Bill.

Judge Sanderson yesterday handed
down an opinion of great Importance. He
says that the fee bill of 1866 has been re.
pealed by the passage of the fee bill OF
1885,
The matter came up in the suit of James
K. Lynch VS.. F. w. Kreling, ct al. The
plaintiff included in his cost bill S per cent
of $4,000 judgment rendered on a note
claiming that he was authorized to do SC
under the fee bill of 1866, which was a
special legislative act, applicable only to
the City of San Francisco.
The defendant moved to strike out that
portion of the cost bill which included the
percentage, and Judge Sanderson granted
the motion, basing his action on the re.
cent decision of the Supreme Court in the
case of Miller VS.. Curry, which is in effect
that the fee bill of 1895 is applicable to
this City.
His Honor holds that the fee bill of 1895
repeats the fee bill of 1866, including the
allowance of percentage on judgments To
be charged as costs. In his opinion be
says:
This percentage charge is in no sense either
by the plain tiff. but plainly and simply pen.
atty placed on any losing defendant who NAV
nave the temerity to defend or litigate an nc.
non brought against him. ! have ALWAYS
thought II a most unjust and unreasonable
burden TO impose as "costs" Ito which il bears
no resemblahce) on party to an action, and
IL is therefore with no small degree of satisfac
ton that l find myself able TO hold that the
obnoxious piece OF legislation has been elini.
mated from the statutes.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

Gentlemen, have you agreed upon q
verdict?" asked Judge Wallace.
I've have" replied Foreman Cutten.
What is your verdict"
1--WE find the defendant, Oliver W. Win
throp, guilty of robbery as charged"
Winthrop never moved muscle, but
turned to Attorney Bell, who asked that
the jury be polled. The operation was
gone through with, each of the jurymen
responding that the verdict announced by
Mr.. Cutten was his.
Bell then asked for time in which to
prepare a motion for a new trial, but
Judge Wallace refused to allow him
longer than until next Monday morning
at 10 O'Clock, when the eX-custodian of
Laurel Hill Cemetery was ordered to ap-
pear for sentence. His Honor remarked,
however, that if it was then found neces-
sary to grant more time it would probably
be allowed.
Winthrop was handcuffed to the Deputy
Sheriff, after kissing his children, and
taken into the jurv-room, where his wife
awaited him. After bidding her good
by he was taken to the Black Maria,
which conveyed him to the County Jail.
Immediately after leaving her husband
Mrs. Winthrop saw Mrs. Dunton in the
corridor. Mrs. Dunton hurried from the
building, with Mrs. Winthrop folIowin g
close in her wake. Mrs. Dunton became
much alarmed and returned to police
headquarters and reported the matter to
Chief Crowley, who detailed a policeman
TO accompany her to her home
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

oeanngs with him, and others had not
heard his reputation discussed until after
the death of Mrs. Matthews. The de-
tense" said the attorney, utterly failed
TO esta bllsh good reputation for the &C
cuseo and, even fit had, it would have been
lmmaterla!, as many men who have up 10
certain time borne an unblemished repu-
tatlon have been found to be criminals"
Mr.. Black closed by asking the jury not
10 be swerved from duty Ivy sympathy for
the prisoners wife and family. They were
under oath, he said, to find only on the
evidence without reference to its effect on
any one. He asked for averdict of guilty.
Judge Wallace then charged the jury.
his charge was fair and impartial and
comparatively brief. He instructed the
jury upon the legal points in the case
and was particularly careful to declare that
they alone were Judges of the facts, with
which they might deal as they pleased.
he said they were to determine whether
Winthrop took the money from the per-
son of Campbell against his will and that
they must presume him innocent unless
the evidence should overcome that pre-
sumption. He also went into the evil
oence that had been presented TO show a
good character for the defendant and said
that II that had been proven it should be
taken in his favor, but that it was not
enough to weigh against positive evidence
of guilt.
At IL :35 o'clock the jury retired, and
the spectators had hardly settled down in
their seats before the bell rang announc-
ing their return.
The short time occupied in elaboration
augured i'll for Winthrop. He straight
ened up in his chair, clenched his teeth
tightly, and his countenance assumed that
hard, set look which one might expect a
determined man to wear as he faced death.
Mrs. Winthrop, who had IN the meantime
resumed her place at his side, again felt
that she could not stand the ordeal, and
retired to the corridor. Mrs. Brooks, the
defendants mother-in-law, sobbed audi
bly,, while the two little boys crouched
close to their fathers side.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

the eleven other talesmen, and so ended
the most famous local criminal case OF
the year. 1t took the jury but five min
utes to decide the fate OF the man OF
whom Banker James Campbell of Homo
lulu tells one of the strangest stories ever
related in a court OF law.
From the first the conviction of the de-
PENDANT was almost foregone conclusion.
In addition to the efforts OF the prosecu-
ton Winthrop by his own actions contrib
uted to the verdict. The arin.osity which
he showed against Captain Lees and his
officers tended to redouble their efforts to
send him across the bay. Attorney Frank
Bell and his coadiutor did the best they
could for him, but they devoted their eff
forts almost entirely to an abb. which
proved to have no foundation, and abso-
lutely failed to disprove any of the aIlega-
tons of the people.
Yesterdays proceedings began with
Assistant District Attorney Blacks repIv
to the arguments of Winthrop's counsel,
There was a large crowd in attendance.
all seemingly anxious to be in at the
death. Winthrop's wife and mothe--in-
law occupied seats in the courtroom until
Mr.. Black began his remarks, when Mrs.
Winthrop hurriedIY Quilted the apart
sought throughout TO lend the comfort
and support of her presence to her hus-
band; but when the Assistant District At
torney rose TO say all the i'll things that
the prosecution had to say or her hus-
band she could stand it no longer, and so
withdrew.
Mr.. Blacks remarks held evervbody's
close attention. He combatted and ex-
planned away almost every point made
by Bell against the statements of Camp-
bell. He alleged that the defense had
Itself added corroborative evidence to the
stories OF CampbelPs witnesses, They
mad seen Winthrop near the cottage at
Aus california street at times when Camp
bell did not know he was there.
with regard to the abb Winthrop
sought to establish, Mr.. Black said that
he had evidently made himself conspicu-
Gus at the meetings in question, in order
to establish that alibi in case he should
be arrested.
as to Urquhart, the speaker contended
that Bell would put his foot in it" should
ne undertake to prove that he had served
time In Canada. Bell, however, contends
that he is right, and that he will vet have
Orqunart placed behind the bars for
perjury for denying it. "Urquhart's ac-
lions, said Mr.. Black, were all those
OF an innocent man. When he learned of
Campbelps disappearance. he reported to
the police what he knew of it. Winthrop,
on the contrary, ran away. If Urquhart
Is guilty, as Winthrop claims, why did not
winthrop come to the police as did the
man he accused and tell what he knew
instead he used every endeavor to de-
ceiVe the police, opened up decoy cor
respondence with his wife, under an as
sumed name, and when confronted by
detective Cody in Oakland was disguised
and had the stolen money concealed a bout
nlm- When cornered he remarked
Wen, Cody, the jig is up The only
conclusion to draw from such evidence
is one of guilt.
"A mum Der of witnesses were called to
testify as to Winthrop's reputation. Some
OF them knew him only from personal
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
ARRESTED ON BOARD.
Two Santa Monicans Arrested on the
Steamer Santa Rosa in This Port
for BURGLARY

Ernest Barada and Bessie Brunson, who
arrived on the Santa Rosa from Santa
Monica yesterday, were promptly arrested
on wired dispatch from Sheriff Dexter
OF the southern town, the charge being
burglary.
SANTA MONICA, CAL, Sept. 16.-on
Sunday last the residence of Charles
Fanetti was robbed here of $50 and two
gold watches and chains and two revolvers,
while his wife was absent for a few
moment. Ernest Barada, barkeeper at
the Arcadia Hotel, who roomed there, but
left on the Santa Rosa on Monday morn
ing early with Bessie Brunson, woman
OF the town, was suspected, but the officers
failed TO search him at the time, and he
was allowed to leave without search. The
police officials have been at work on the
case and claim to have conclusive evidence
of Barada's guilt, and in consequence
telegraphed to the San Francisco officials
to arrest them on their arrival. Barada
has number of friends here who refuse
to believe him guilty.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
TAX COMMISSIONS.

The County of Sacramento Loses In It's
Battle With State Controller CoIgan.
The Supreme Court has affirmed the de-.
cision OF the lower tribunal in the case of
the County of Sacramento against State
Controller E. P. Colgan. The action was
in mandate, it being sought to compel the
Controller, in his next settlement with the
Sacramento County Treasurer, to allow
the Treasurer to retain $50. $50 10 claimed
TO be due the county as State tax commits
sions. The Superior Court found adj
versely to the plaintiff.
In affirming the decision the Supreme
Court reviews at length the statutes gov
erning tax commissions charged by coun-
ties upon State taxes. BY the act of 1870
the county was allowed as commission on
all but school taxes per cent on the first
$4,000, per cent on all over $40. 600 and
under $4,000 and per cent on all over
the last-named sum.
The act of 1874 allows the county per
cent on all taxes. The sole question was
whether the act of 1870 or that of 1874
should govern the award of commissions
to the county. The lower court held tha
the flrst act was repealed By the second, q
ruling which the Supreme Court upheld.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
NUNS THE WORD.
Socialist Laborers VIII Resume Their
Silent Meetings.

olI6nC meetings.
The Socialist Labor party has adopted
the following pream bles and resolution:
WHEREAS, the repeated efforts of the prose-
cutting attorney have failed to obtain con-
Vlctlon OF the members of the Socialist Labor
party VINO were arrested on the 18th OF August
last ana tried by juries on charges of obstruct-
ing public street and whereas, the accused
parties are consequently debarred from bring
ing the outrageous action of the Police Depart
ment OF San Francisco to the official notice of
the supreme Court for the purpose of obtain
ing judicial decision as to the constitutional
right OF citizens to assemble in public meeting
on pubic streets. Now. therefore, in order to
carry out the programme OF the Socialist
LABOR party that was rudely and uEwar-
rantabiy broken up and dispersed by the po-
lice on the evening in question, and in the
nope That the experience gained in this matter
Will have taught the police authorities much
needed lesson, and that they will in future
respect the rights of citizens to assemble
IN public meeting on the public streets, and
instruct or cause their officers to be instructed
as to the differences that exist between q
crowd and public meeting" of citizens,
In order that they may in future know enough
TO distinguish between the two and fulfill
their duties in an intelligent manner; be it
RESOLVED, That the Socialist Labor party re-
sumo its silent meetings on the corner of Sew
enth and Market streets, and that the public
be invited to attend on Saturday evening,
september 10, at o'clock.
Q. II. Davies, William Costley, Oliver Everett.
William Edlin, Campaign Committee.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
Isham Acquitted.

william Isham was yesterday acquitted of
assault with intent to commit murder bv a
jury in Judge Belcher's court Isham is a
street-car employe. who some time ago shot his
nrotneI,in;;i Ia E, C. Plum, another streetrail
way InAn, IN Inc leg The quarrel arose over a
Iamlly row. mat both are sorry it ever hap
pened was shown by the demonstration thew
MADE when the verdict was rendered The
orotners,in-law each fell into the others arms
in hand. - -o
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
Socialist Lecture.

Liberty branch of the Socialist Labor nartv
held meeting last night at Socialist Hail. on
Turk street.
President Theodore Lynch introduced Miss
Jane A. Kouiston, who spoke on the principles
OF Of the socialist theory of humanity to man.
:. Leo Gasser and George Barnley followed ON
resident Lynch announced that the NEXT
s Saent open-alr meeting would be hel on next
aaIkeI streets at o'clock, at which ali were
invited to attend and keep Hmum."
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

return to her the lad refused to eat anv of
the food provided for him by Messrs.
Welch ana Carman. When he had kept
condition became alarming. He was re-
turned to his mother, aud has now been
with her some days. 1t is thought his
brief soiourn in Mr.. Carman's establish
ment viii make him "toe the mark for
the future.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
o'Farrell Is Insolvent.

j. j. o'Farrell was yesterday adjudged insol-
vent by Judge Sack. At meeting of his cred
ltors It was decided not to fight the matter.
and when the case was called up. no opposition
being made, his petition was granted
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
A STRIKING INSTANCE
OF STRIKING PRICES
In STRIKING CLOCKS.

Nickel Alarm ACKNOWLEDGEMENTS. roc
Seth Thomas Alarm ACKNOWLEDGEMENTS. 81 rs
5-Inch 15 Minute Nickel Alarm ............ 81 so
finch Decorated Porcelain, day time. 81 80
or Walnut ....e -'ei .,Oc~' o@e 50 IS
Oak y O 3'.e .o..iy D,O~. SUM SO So
hogany, 71sxiS1S. 800 .... 80 Sc 90
Wood, 10 2Sxl71l c.o~N' ~ Sc rs
Iii4x 61s 1.O1n,..'.- WV. o.1 SO 90
or Mahogany, s14x1si4 .o., ... SO IS
S-Day, 12 Hour Strike Clock, Iron, Black
or Mahogany, 12l4x1514 -. ..........s12 Is
91sx1i31a 80, - 49,. SO IS
top Io1axII....:. - 80. $12 so
decorated ..'............. So 90
S-Day, 12-Hour Strike Clock, Decorated
Porcelain, visible escapement. .......... $40 90
All Clocks guaranteed for one year.
Clocks and Watches repaired by skillfuI me
chanics at lowest prices and guaranteed.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
Father Yorke to Leotnr..-

Kew. rather P. G. Yorke will lecture at Met.
ropoiltan Temple this evening on the occasion
.. OF an an entertainment given under the ausnices
OF the catholic Knights of America. r-00'
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
GLAD TO GET HOME.

Young Charles Krausgrill Fasts Three
Days and at Last Gains His Point.
Secretary WEIGH of the Society for the
Prevention of Cruelty to Children, re-
Gently saw fit to place Charles Krausgrill,
boy of IL years, IN the Rev. Mr.. Car
mans training home. The boy missed
his mother, who keeps a bakery al 1922
Stockton street. In order that he might
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
The Fair Case.

The motion TO compel W. S. Goodfellov To
produce in court the wills of James G. Fair
which are said to be in his possession, will he
argued in Judge Slack's court on Friday next
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
Piles. Piles. Macs Infal,ib1e Pile cnr.

Cures all cases OF blind. bleeding, itching
sn % pFT0trudi lg piles Price SOC. A. McBoyle
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
1t Required but Five Minutes
for the Jury to Render a
Decision.
SCENES IN THE COURTROOM
The Prisoners Wife Seriously Alarms
Mrs. Dunton by Trying to
Follow Her.

Winthrop is guilty E. L. Cutten, fore
man of the jury which tried him, so de-
cided yesterday. $50 say we all, echoed
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

The new line OF ladies' purses, valises, card
now on sale. Sanborn, Vail & Co. 74I MARIE,
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

naming witness to be produced by the
prosecution, and as he was absent the
case went over until tomorrow morning
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
Expected Something of the Kind
Would Happen TO
Baldwin.
THE HOLE IN THE WALL.
The Defendant Wears a Jaunty Ap.
pearance, but Looks Extremely
Unhappy.

Emma A. Ashley, a distraught, dazed
and very unhappy looking young woman,
sat in Judge Bahrs' court yesterday morn
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
ASTORG SPRING MINERAL WATER.

FOUNTAIN OF PERPETUAL YOUTH: FROM
and curative water earth. Hundreds cured:
thousands recommend 1t in San Francisco. Unlina-
tied supply at the depot los Fifth street. Selling
hundreds of gallons daily.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

THE KING OF Pine Is Reecham,s-pnre..
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17

pIVERSIDE RANCH-ON THE BANKS OF
IL Eel River. miles from Potter Valley, Men
docino County; round trip, SO 75 from San Fran
cisco; fishing, hunting, bathing and boating uu-
surpassed. Terms 81 per week. Excellent table:
milk, fruit. vegetables raised on the ranch. T. T.
GILLESPIE, Potter Valley, Mendocino County.
BELMONT. SAN MATEO COUNTY
n board for summer months; private family
beautiful grounds; large rooms; minutes from
station; hour I'm city. MRS. HANSEN. Belmont.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
MADRONE MINERAL SPRINGS

w ILL BE OPEN To GUESTS THE ENTIRE
w year. Waters sure cure for all stomach and
urinary troubles Send for analysis and descrip-
tive pamphlet. Address Madrone Mineral Springs,
Madrones Santa Clara County, Cal.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-09-17
HOME REST FOR THE SUMMER,

GUNNER BOARD IN SAN JOSE; PLEASANT
dress 2. q. box 226.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-24
TO GUARD AGAINST DISEASE
Professed Object of an Important Bill Now
Before Parliament.

London, March 23.-In the house of
commons today Mr.. Long said that the
meat inspection bill was only intended
TO give the security necessary 10 the
farmers. Disease, he explained, re-
manned latent for a long time. Only re-
Gently there was an outbreak of pluero-
pneumonia in England and a whole herd
had to be killed. Continuing, Mr.. Long
said that a case in 1892, which was only
discoered by accident, cost the country
5000 pounds and it occurred in spite
of the examination made at the port Of
entry. The government did not desire
to do anything which could be regarded
as offensive or unfriendly to so loyal
and splendid a colony as Canada, and
Mr.. Long denied that the bill was in
tended for protection except against
disease.
London, March 2S.-Following upon
the discussion in the house of commons
today of the bill introduced by Mr..
Long, president of the board of agricul-
ture, to make permanent the restric-
tons on the importation of Canadian
cattle, papers were discussed by the
government relating to the importation
Of cattle. The board of husbandry,
writing to Mr.. Chamberlain, secretary
of state for the colonies, on March 16,
repeat their opinion that the proposals
contained in Mr.. Longs bill are not
more likely 10 prejudice the develop
ment of the Canada cattle trade than
they have the trade in cattle from the
United States.
Right Hon. A. J. Mundella, Radical
member for Sheffield, and president of
the board of trade in the former Liberal
ministry, thought ii would become
necessary TO exclude Canada from the
operation of the bill.
Mr.. Balfour, government leader, spoke
in favor of the bill repeating the points
in the argument made by Mr.. Long, it's
author. The bill was then read a Sec
ond time. receiving PA votes.
The Times has an editorial in which
it admits that parliament is justified in
fully debating Mr.. Longs bill to perpet-
uate the restrictions on the importation
of Canadian cattle.
1.-The debate has shown, however" the
Times adds, that Mr.. Long was acting
upon evidence and arguments which are
difficult to resist"
The Daily News and the Chronicle,
both Liberal, have editorials which pro-
test strongly against the Long bill, as
a measure of barefaced protection.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-24

more holeSome
more beautiful, more completely pleasing
than wouanly woman? Such a woman
Is even tempered, intelligent, strong and
healthy. Health really tells the whole
story. Health means strong nerves and
strong body, and they 60 far toward
bringing good looks and aIniabilitv.
A woman worn and wearied by tbs
dragging weaknesses peculiar to her sex.
cannot be expected to find zest in anv
DUTY or amusement. life is all one dead
monotonous gloom to her. On her face
IS written the story of weakness and pain.
The wholesomeness of health is lacking.
The cheeks lack fulIness. the eyes lack
sparkle, the hair lacks luster.
Doctors have learned to locate nine.
tenths of womanly sickness in the organs
that ought above all others to he stronu
and healthy.
Sensitive women shudder at the
thought of consulting a physician on
SUCH matters. a natural feeling of mod
eSty makes them dread the examination
ana subsequent stereotyped treatment bv
local applications on which mos
doctors insist.
Much more often than not, this is un-
necessary. 1t should not be submitted
to except as last resort.
Dr Pieces Favorite Presentation bss
cured thousands of severe cases ,,F % -
male weakness 1t works in a natural
sensible way. Il begins by subduiuo the
Inflammation that Is always present
linen II strengthens and invieorates the
whole BODY, particularly the organs dc
linctly FEMININE, It promotes regularity.
cures Inflammation and liberation. and
stops the facilitating drain caused by
them. OF all dealers
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-24
BIG FIRE IN A FACTORY
Occasions the Loss of Many Thousan nd Dol
lars to Philadelphia Firm.

Philadelphia, March 23-Chestnut
street west of Fifteenth was tonight
visited by a destructive fire, which
broke out about 8 o'clock in the six
story building of the Thackeray Manu-
featuring company, makers and deal
ers in fancy gas fixtures and chandl-
abra at 1524-26 Chestnut street. The
finn employed about 200 hands who were
at work at the time. The fire was not
discovered until it had eaten its way
from the front cellar through the first
floor. Before the engines arrived the
entire front part of the building was
on fire. Meanwhile a majority of the
workmen made their escape. About
dozen or more, however, were hemmed
in and had TO be taken from the Win
dows.
The building is owned by William
Weightman and is valued at $500, 900,
fully insured. The rear part was but
slightly damaged. The loss on the
building is about s15O,O00 The Thack-
cray company's stock, machinery and
patterns were valued at about $3.50. 900.
These are total loss, but are protect
ed by an insurance of about $50. 00O
Sharpless and Datts, makers of tiles
and mosiacs in the Baker building ad-
joining. loses about 10000, principally
Dy wafer