The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-14
WHIDDEN TO STAND TRIAL,
One Insane Grand Juror Does
Not Make an Indictment
Invalid.
MANY WANT TO WEAR STARS
Merchants Exchange Will Give Their
Hearty Support to the Elk.
position.
MANY WANT TO WEAR STARS
OAKLAND OFFICE SAN FRAxc1sco CALI

mOuOn 10 QuaSn the INDICTMENTS against
Auditor Whidden on technical grounds.
The Court held that the claim that Wild
den had been called as witness. end his
name appeared as one of the Witnesses
upon whose testimony the indictment was
found, did not invalidate the indictment.
WLi6den, by requesting the privilege Of
appearing before the jury after he knew
that an investigation was going on, in
which he was concerned, had waived any
objection on this ground by becoming a
voluntary witness. Judge Prick, in dis
cussing the testimony as TO the insanity Of
Juror August Held, decided that he was
insane at the time the indictment was re-
turned, and as the Supreme Court had
held the acts OF Grand Jury to be valid
when one man had died if there still re-
manned twelve jurors who signed the true
bill, this point was held TO be settled by
the higher court.
The matter of formal findings was con-
tinued until Friday morning, at which
time Whidden viii enter his plea. Attor-
ney de Cola will prepare q bill OF excep-
tons 10 the ruling OF the court, and there
VIII be further delay and probably an ap-
peal.
Whidden was indicted on eight counts.
charging him with embezzlement, forgery,
nection with the collection Of certain
taxes, which 1t was alleged we're paid him
while he was voluntarily assisting the tax
collectors.
Pray for Reduced Rates.
OAKLAND, CAL. Jan. 13.-The follow
ing petition, signed by thirty residents of
Elmhurst, one OF the Moss Tract, one of
Fruitvale, ten of Fitchourg and one of
Mills Seminary, was read at the meeting
OF the Supervisors this morning, and was
referred TO the Ordinance and Judiciary
Committee:
To the Honorable Board Of Supervisors of AID
fgtdd County: Whereas, acting under the pow
ers conferred on them by law, the City Council
o. JAAianu mas materially reduced the charges
lCr the use OF water supplied 10 the public bv
the Contra Costa and Oakland Water comma
mes and as the new rates made by said Coun-
c-l are based upon the entire plant OF said Con-
trs Costa and Oakland Water companies and
upon their entire revenue, and are not con
Nlel 10 Luelr expenditures and revenue arising
solely within the corporate limits OF the citv OF
oakland; therefore, rates which will weld a
lawful revenue within the corporate limits OF
the city OF Oakland Will also yield d lawful
limits.
Therefore, we, the undersigned, residents of
Alameda County, residing outside OF the limits
OF incorporated cities or town. taxpavers and
Waier-rate payers do hereby most respectfully
peuuon your honorable board 10 $50 acting
under The powers conferred upon Won by law
4alu Gown IN the statutes OF California of 1889
so reduce the rates lawful to be chan ged by the
contra Costa and Oakland Water Companies
Tor the use 81 water IN territory within your
jurisdiction outside the corporate limits OF the
city OF Oakland viii make them uniform
with such lawful rates as were recently enacted
OF Oakland.
Are Thought to Be Safe.
OAKLAND, CAL, Jan. 13.-Rumors have
circulated Al a laS f d.
that ali was not well with Edward and Ii.
J.. Garthwalte, brothers of ". w. Gar
1hwalte OF the Oakland Bank of Savings.
who were formerly residents OF this citv'
bat who are now in South Africa. The
former, civil engineer, was called by
John Hayes Hammond TO be his assistant
as manager OF the British South African
Company mines. W. W. Garthwaite
does not believe that his brothers are
among the 200 Americans who, according
TO the rumOr, were 10 be arrested. He re-
ceiyed message from General Harris of
san Francisco, who is Hammond's father
ln-iaw, saying that nothing later had been
heard from him, and they believe the
newspaper reports are much exaggerated.
H. 7. Garthwaite is living in Johannes
burg and Edward Garthwaite at Nigel
Deep, which IS about thirty miles distant,
Drove Away With His DOnkeys.
OAKLAND, CAL, Jan. 12-Con Crowley.
q wel-known ward politician, came to
town to-day swearing vengeance upon and
seeking a warrant for the arrest Of a man
who had forcibly taken possession of his
team.
Crowley is peddler, and as he was driv-
ing along the Dublin road Saturday even
ing he says that man suddenly sprang
into lis wagon and struck MIN on the
head with a club, which blow stunned him
and he fell to the ground. When he came
10 his team had disappeared. He walked
70 the residence of a man named ZONES
VINO took him to Haywards, where he had
has head bandaged. He spent Sunday in
the county lntIrmary, and hearing that
his team OF donkeys was in the possession
OF a man named James, came to Oakland
to-day to get a warrant for his arrest ae
was referred TO the Justice of the Peace at
Haywards as beng the proper person to
issue the warrant.
Will support the Exposition.
OAKLAND, CAL, Jan. 13.-President
Fish OF the Merchants Exchange, when
asked this morning if the members
OF the exchange would support the pro-
posed Oakland exposition, stated very
that they would 90 anything
10 promote the growth or prosperity of
Oakland, and as the exposition would be
OF material benefit to the city, it would re-
celve their hearty support and co-opera-
Ion.. he said: I'VE Will stand to adj
vance the interests of Oakland. Why
should we not support the Oakland expo
sition? We will not back 1t up because we
want 10 give q show, but because we want
10 co something that would result in a
benefit 10 Oakland. The stand Of the ex-
change has been badly mixed in the
papers, but what / say is the correct state
ment Of she case"
A Missing Executor.
OAKLAND, CAL, Jan. 13.-Manuel de
Ayela, the executor of the estate of Encar-
Macon De Ayala, has disappeared, and
bills for which the estate is responsible
cannot be paid until he comes to light
again. The affairs of the estate have been
III the Procate Court for some years, and
are still taT from final settlement.
Attorney Mortimer Smith has claim of
500 against the estate, which claim con-
;tItutes attorneys fees allowed }. f. Nc
tlrath, formerly attorney for the execu.
or, and assigned by him 10 D. Drisco. The
lain was placed in the hands of Smith
months ago, and was duly filed, but no
layment has been made to date. Unless
Je Ayala appears again there will be con-
'lderable difficulty in collecting the |
AMOUNT.
Burglars About.
OAKLAND, CAL, Jan. 13.-Last Friday |
me residence of Henry O'Nejl $50 Gala