The San Francisco call., 1896-11-09
BERKELEY TRUSTEES
AND A CITADEL
They Have Concluded That
Mrs. Townsend Is in
the Wrong.
The Old Woman Who Holds Her
House With a Pistol
Must Fight.
WARRANTS FOR HER ARREST.
Eight-Day Course of Mission Lectures
Begins at st. Marks Epis.
ccpal Church.

BERKELEY, CAL, Nov. 8-The town
authorities have taken up the case OF
Mary Townsend, who has been waging
war against the Southern Pacific Com
pany and the town of Berkeley now and
then for the last twenty years, over the
possession of strip of land OH Shattuck
avenue, and, as the matter now stands, it
would seem that the case will soon be
settled once for all unless the gray-haired
little woman carries out her threat to
shoot the man who lays hands on her
dwelling, which is now astride gutter on
Shattuck avenue.
President Richards of the Board OF
Trustees, Town Attorney Hayne and
Street Superinten ndent Guy Chick were
in consultation this afternoon over the
matter and the decision was reached by
them that Mrs. Townsend has no right
whatsoever TO he properly in dispute and
hence no just reason for setting up gar
rison within her hum ble dwelling and de.
flying law and order.
The impression has gone abroad that
Mrs. Townsend is a much abused woman
and that she is being soreIy prosecuted by
the railroad company and tn town OF
Berkeley, but reference to the history OF
the early procee dings in the case, which
date back some twenty years, goes to show
that she was well paid for the lot which
she is attempting to hold. besides being
made present of the house she has
turned into an arsenal.
1t seems that when the railroad was
about o be put through in 1875 the COM
pany soug hi TO purchase small lot from
Mr.. Townsend, which projected into
what is now Shattuck avenue. Sac re-
fused to sell, contrary to the precedent
set by all the other property-owners along
the line, an so suit to condemn the
property was entered.
The jury set price of $1,000 on the land
and house, which was said to have been
muc more than it was worth, and the
railroad COMPANY paid the bill, giving
back TO Mrs. Townsend the house that
they had purchased from her.
The franchise OF the company was to eX-
tend fifty ye ars, at the end of which time,
if /, was not renewed or the road was
abandoned, the property, which once be-
longed to Mrs. Townsend, should revert
to her. Only twenty of the fifty years
have passed and so the lady seems to have
no claim on That ground, 81 far as the rail-
road is concerned.
The town authorities say that even if
such an agreement had not been reached
DetWeen MIS-. townsend ana the comp panv
the town OF Berkeley could legally claim
the piece of property. because they have
had peaceable possession of it as thor
oughfare for the past five years.
A few days ago she secured permission
to move the house into the street, osten-
sibly for the purpose of having the lot
upon which it stood graded. When the
house was partly moved onto the dis
puted property she cut the hawser with a
hand ak. paid the contractor for the work
and discharged him.
The grading proposition seems to have
been only subterfuge for getting the
house down on the old lot. Since its re-
moval either she or her son has stood
guard over it with a revolver, defying any
one 10 lay their hands on it.
When the time comes for the return of
the house to its place, which is only
matter of a few days, the Street Superin-
tendent will take it in hand, and unless
Mrs. Townsend is placed under arrest be-
fore that time or acquiesces in the opinion
OF the Town Attorney a shooting affray
will not be an impossiDility.
The Town Board will meet in regular
session tomorrow evening, at which time
the case will be brought up. Two war
rants are out for the arrest of Mrs. Town