davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1898-08-04
FAIR WILL CASE IN
 THE SUPREME COURT
LONG ARGUMENTS HELD UPON
 THE TRUST CLAUSE.
The Case Appealed From the Decision of Judge Slack, Which De- clared the Document
 Illegal.

r. Nearly all of the prominent lawyers in town were present in the Supreme Court yesterday at the argument of the appeal in the matter of the will of the late mill lionaire James G. Fair. The Justices in bank gave up the entire day. to listening to the attorneys. c. S. Wheeler, c. A. Knight, J. Garber and. w. F. Herrin ap- .peared for Charles l.. Fair, the contest ant; ex-Judge Van R. Paterson and J. l.. Robison for the minor heirs; R. II. richs and wife and Miss Virginia Fair, and R. Y. Hayne and R. B. Mitchell for w. s. Goodfellow and the trustees
 dne b bbfg9mead was as fd on twe g title to realty on Montgomery street and the other from the order of the Probate the children of Fair. .' The @ appeals sV were re virtually taken from the decree declaring invalid the :wils of Senator Fair In this decree Judge Slack took the position that was invalid, the clause not being recog- nized as legal by the Code. The argument hinged upon the last clause of the will, which created the trust in that it pro 'vfded that the remainder of the estate, after bequeStS of about S7l0 900 to certain relatives and charities, should be intrust- and hold the same In trust during the lives of the decedents two daughters and
 MT. Hayne took the position that the trust was legal and not outside the Code, as it was only to operate during the lives of the benefciaries, and that the will could not be legally set aside. He main- tained that the late Senator did not think that his children were capable of managing his large property, and so placed 1t in the hands of trustees.
 Judge Wheeler made the point that the first para graph of the will was a direct conveyance of title to the. trustees and that the testator elected to become and was his own. .conveyancer. The sole ques- tion for the Supreme Court to decide. he held, was the Intention of Senator Fair, and that If that intention was illegal the will Is necessarily invalid. Judge Pater- son argued that 1t was not trust to con- vey but a direct devise. The trust clause invalidates the will in toto.
 At 4:9O o'clock in the afternoon the Jus tices decided to take the. matter under adYiSement.
The San Francisco call., 1898-08-04
AN OVERDUE SHIP ARRIVES
Long Passage of the Henry Clement Caused by AntiFouling
 Peirt

The German ship Henry Clement ar rived at Santa Rosalia on July 26 from Hamburg. She was 235 days making the passage, and 50 per cent reinsurance was paid on her. In his report the captain says the vessels hull was coated with new anti-fouling paint before leaving Hamburg, and instead of keeping the yes sel clean it gathered every barnacle in the Atlantic and Pacific. In consequence the Henry Clement became unmanageable and could only be steered when it was blow ing a gale. Hence the long voyage.
 The new schooner Queen of the Isles, built for the. Caroline Islands trade. is to be fitted with auxiliary machinery by the Union Gas Engine Company. The en- zines are to be fifty horse power and are expected to drive the vessel at a speed of ten knots. A four horse power tender for use among the islands is also to be put aboard the vessel. The Queen of the Isles Is to have her trial trip on the 10th inst, and will sail for Kusai a few days later. Among her passengers will be the Rev. Mir. Cannon and a num- Der of missionaries.
 The steamer Portland sailed for St. Michael yesterday. She did not take away many passengers.
The San Francisco call., 1898-08-04
4 NEW PHASE IN
 THE EMERIc CASE
SPECIAL ADMINISTRATOR A. O.
 FREESE RESIGNS.
Property Without Bringing Suit, So He Quit.

Public Administrator Freese now re- grets that he entered the legal arena as an opponent to Lorena Myrtle Barbier, who anxiously sought for special letters of administration on the estate of her deceased sister. Eugenie Emeric. Acting on the suggestion of Harry Emeric, hus- band of the decedent, and his attorney, Frank H. Gould, Freese vigorously op- posed the application of Miss Barbier and came out victor. Flushed with his suc- cess he turned for further aid to Emeric and his attorney who had been instru- mental in his appointment, and asked them to turn over the control and management of properties belonging to the estate situated in Contra Costa Coun- tY. His application was refused;' how ever, but Emeric and counsel insisted that the administrator make a demand on Miss Barbier for some $10 900 worth of diamonds and $4000 worth of personal property which belonged to Mrs. Emeric in her life time. Freese insisted that he should have entire control of the estate. which was denied him, and rather than sue those who had placed him in the po- sition of special administrator of the .es- tate, he handed in his resignation to Judge Troutt yesterday. It was accept ed and new administrator must be ap- pointed at once. The application of Miss Barbier Is still before the court and Thursday it will be heard It is hardly likely however, that Miss Barbier will be granted special letters, as Judge Troutt held, when he appointed Freese, that, ow- ing to the clash of interest and the con- test between Emeric and Miss Barbier. an unbiased administrator should be ap- pointed to act until the conclusion of litigation.
The San Francisco call., 1898-08-04
IN BIsMARoKs MEMORY.
German Societies Arranging for a Mass-Meeting to Honor the
 Dead Hero.

A meeting of the presidents of the va rious German societies was held In B'nai B'rith Hall last evening to arrange for a service In memory of the late Prince Bismarck The following societies were represented: Teutonia, by Fritz Hager- mann; Harmonic Singing Society, R. Munkand and w. Wankomsh; Deutscher yerein. Dr. Victor G. yeck, Dr. Max Rfchter and Robert Capell; Ernest von Rensel Lodge of the Order of Hermann's Sons. Theodore Schaefer; Orion Singing S6niety. J. Sievers; Verein Eintracht. Dr. I PaiIlsen; Deutscher Veren of Han nver. Carl Schultz; German General Ben et,oient Society and the San Francisco sebnatzen Verein, Robert Finking.
 Redeker, president of the K1eger Iyare;n was in the chair, but surrendered ~ to Dr Vech of the Deutscher Verein, II. IL. f3isnarck was a member of that or e.o aS nization. and the local branch pos gaiaans11hls dssas his picture and autograph. It was SIZE SIZE decided to hold the memorial ser s,iees aiee in the name of the Deutscher Verein sIr the same reason. Another meeting Ioi .,, he held on Saturday evening in the e Win of the Deutscher Verein. Hotel ro1,nY rooi1l1 to make further arrangements. Sisoy Sa ss yn,robable that the Mechanics Pavil- IL IL ID ,ilI be engaged for the services, Ion ol,oh mi,s viii be held within week or ten dayS
The San Francisco call., 1898-08-04

their plans for months, until now they confidently claim they will go into the I convention with enough votes rom rom [ Alameda County alone to nominate
 Metcalf, even if they do not get single vote from the interior counties.
 | Hilborn, on the other hand, returned from Washington two weeks ago to hnd
 his forces. badly disorganized. His per sona1 manager. FrieItd, had been forced
 by his appointment as postmaster 10
 drop out of active politics, so the only
 thing left for Hilborn to do was to seek to form some combination, to unite his strength with that of some other can
 didate: There have been unmistakable
 indications of late that such an alliance
 is in process of formation, if, indeed, 1t
 has not already been consummated be-
 tween the present member and Pardee.
 The most recent of these signs to come
 to the attention of the Metcalf forces
 was a scheme to turn down c. o. Alex -ander for the position of deputy post master under Friend. Alexander, who
 Is secretary of W. R. Davis general
 committee in charge of his guberna-
 torial campaign, had been selected for the deputyship by Senator Perkins, and
 had received positive assurance that he
 would be appointed. Now Alexander s
 brotherin-law F. $. Brigham, is a
 warm supporter of Metcalf, and the
 scheme was to throw Alexander over
 ostensibly on the ground that he had
 failed to. whip Brigham into line for
 Hilborn, but In reality because he was 1 booming Davis, to the great mental anguish of Pardee and the hindrance of the Hilborn-Pardee combination. The prompt exposure of the plotted down fall of Alexander brought out a denial all around, but it is noteworthy fact that Arthur L. Martin, Democrat, still
 retains the coveted deputyship.
 In addition to exposing the secret
 alliance with Hilborn to the Metcalf ] crowd, the attempted overthrow of i Alexander will have the effect of in | creasing the hostility of the Davis fac 1 tion, and taken altogether 1t Is no won i der that even Pardee's friends admit i that their man is not as strong as he | was q month ago, or as they ingeni- ! ously put it, that Davis has gained | strength In that time.
 A rumor was in circulation to-day l that Henry P. Dalton had determined l not to seek reelection as. County As sessor, but instead, would go. before the i Republican State convention as can l didate for the nomination of State ] Controller. MT. Dalton was asked by l The Call correspondent tonight if ! there was any. foundation for the ! rumor.
 Absolutely none" replied MT. Dal- ton T do not want the office and am not seeking it. I would like another term as County Assessor and am a
 candidate for that office. l have no
 idea how such a report could have
 started"
 In the big fights for Governor and
 Congress, the county contests are lost
 sight of just now, and the people will
 pay little or no attention to them until
 after the State convention meets.
The San Francisco call., 1898-08-04
DARRELL 0RTH HAS
 A NEW GUARDIAN
THE MOTHERS PETITION DE-
 MED BY JUDGE HALL.
Mrs. Prescott Resigned and the Sem sationa1 Trial Came to an
 Abrupt Termination.
Oakland Office San Francisco Call


 908 Broadway, Aug. 3.
 Mrs Prescott practically won in the Darrell Orth case this morning and the suit ended very abruptly. Yesterday a bundle of subpenas was issued on vari- ous well-known citizens to appear at the hearing of the case to-day, and 1t was expected that some sensational matters would be delved into.
 When the case opened Judge Hall stated that he did not care to hear any more testimony and denied Mrs. Orth's petf- tion for a change of guardian.
 The next step was taken by Mrs. Pres cotts attorney, who asked the permis- sion of the court to file her resignation as guardian of the child This also was accepted, and then on the application of the lads mother District Attorney Shook was appointed his guardian. Mrs: Pres colt seconded the proposal to make MT. Shook the guardian, saying that her so- ciety always tried to relinqufsh guard fanshfps in favor of reliable people.
 This Is a victory for Mrs. Prescott, as 1t carries the presumption that the alleged acts on her part making her an improper guardian were not sustained. Neither was the charge against her general repu- tation touched. On the other hand, Mrs. Darrell Orth has gained her point by ob- taining a change of guardianship, which Mrs Prescott was willing from the first to grant There Is no doubt that had the matter been fought out as bitterly as 1t was commenced much unpleasant ness would have been engendered.
The San Francisco call., 1898-08-04
In the Divorce Courts.

Emma J. Donahue has been granted a divorce from Charles H. Donahue on the ground of desertion Minnie Bowman has been granted a divorce from Felix H. Bowman on the ground of failure to pro- vide Della " Castro has been granted a divorce from J. E. Castro on the ground of desertion. Emma H. Hanlon has been granted a divorce from James A. Han ion on the ground of intemperance. Mary D. skinner was granted her application for a divorce from John B. Skinner The decree was issued on the ground of wilfuI neglect. A dismissal has been entered in the case of Cora B. Plunkett against William T. Plunkett, the well known foot hall nlaYer and school teacher
The San Francisco call., 1898-08-04
IN AID OF ST.
 PATRIcK'S BAZAAR
SUCCESSFUL ENTERTAINMENT
 AT UNION SQUARE HALL.
Nearly Every Parish in the City Rep resented-A Coming Event at
 odd Fellows Hall.

Another successful entertainment in aid of St. Patrick's Bazaar was given last evening at Union Square Hall by, the ladies of St. Joseph's Booth under the personal direction of Mrs. J. kearney. The hall was crowded to Its utmost capa- city long before the indicated time Tor commencement People from nearly every section of the city attended inlarge mum bers and showed their appreciation of the efforts of those under whose auspices the entertainment was given by the unusual patronage.
 ing and instructive, there being many se- lectionS of unusual merit. Among It's various features was soprano solo by Miss Margaret Ryan and another by Miss Frances Rausman, various character spe- cialties by Master Fay Doughtery and a number of popular songs by Miss Rose Bonnet, assisted by her sister Miss Belle Bonnet.
 The interest and enthusiasm manifest ed by the general public in the oomin g bazaar which will be held in the last part of next month seem to increase as the time for it's formal opening grows near. As it is the first time that the clergy Of sistance in making the necessary re- pairs to the old edifice on Mission street. the fundamental object of the bazaar Catholics as a whole and even those out side the faith seem to have and are talk ing an active interest in furthering the object, contemplated Entertainments have been given and with success, and other means equally efffcacious financially have been resorted to in order to realize penses of arranging the preliminary work for the coming fair. The entertainment given last night is the last but one to be placed before the charitable public be- fore the bazaar is formally opened. The final one Is to be held August 19 at Odd Fellows Hall under the auspices of the ladies of the Charity Booth. The pro- gramme as planned will include literary and. musical selections, an address by Father Gallagher of St. Ignatius Church and comic opera by the members of the Olivette Opera Company.
The San Francisco call., 1898-08-04
GRAPE-NUTs.
WELL FED, WE'LL BRED.
Proper Food Makes Brainy Men and Beautiful Women.

Beautiful Women.
 :. To know just what to eat is prob > rem for many people who find their strength and health not keeping up to a proper stage. From food we must :. expect our bodily nourishment and not '. from drugs. True, a physicians care Is required at times, but the true phy- eician will always seek to put his pa- ! tient on properly selected food and drink
 A food expert has discovered Grape Nuts by experimenting on the treat inent of grains to artificfally pre- e-digest the starches lthe principal parD. . Grape-Nuts as now made by the Pos tum Cereal O., Linn, of Battle Creek.
 Mich. and sold by grocers generally, is a delicious dainty, suitable particu- larly for the brain worker as it quick ly supplies the parts of food the body needs to supply the daily loss produced by brain work. Unless the right food be furnished and properly digested, the individual discovers a gradual fail- ing and some form of disease sets up. Users of Grape-Nuts discover that they assist in the digestion of cream and. other food, and that a well fed feeling" follows their use.
The San Francisco call., 1898-08-04
Fire in a Cemetery.

By the careless throwing of q lighted cigarette among the dry grass in the Mission Dolores Cemetery at Sixteenth and Church streets yesterday afternoon a fire started which necessitated calling GU! the department. The application of water for a few minutes succeeded in ex- tinguishing what might have been de- strilctive fire. The fences surrounding a few of the graves and the crosses which marked the last resting-place of some old pioneers, were burned. Father Brennan, the pastor of the church. was weh pleased that nothing more serious resulted from the fire.
The San Francisco call., 1898-08-04
Wazward Boys in Trouble.

During the month of July sixty boys were arrested by the police of the Seven teenth-street station on San Carlos ave nue and Minna street, between Eighteenth and Nineteenth. In both of those sec tions the youngsters have become so an moving to the neighbors that complaints were lodged with Captain Gillen. He de- tailed a posse of his men to arrest them. The gang in San Carlos avenue had be- come so daring that the milkmen and drivers of bakery wagons refused to sup ply their customers, as the boys took de- light in stoning the unfortunate drivers, besides raiding the wagons and carrying away a portion of the contents. The ages of the boys range from 12 to 20 years.
The San Francisco call., 1898-08-04
Cadet Boys Entertained.

The members of Company B. L. c. C., were entertained by the members of Com pany o, l.. c. C., at low Jinks given last Tuesday evening in their armory in old St. Mary's College.
 An interesting feature of the evening S entertainment was the presess ation of the pantomimes, The Birth of Dan Banna'' and .Do Not Battle" Those who assist ed in entertaining were Messrs John O'Brien, George Keane, Fred Neuburger W. B. Dorland, James Bogue, Thomas O'Day, J. Ryan, F. B. Chambers and Au- gustus B. Risso.
The San Francisco call., 1898-08-04
Will Speak on Temperance.

Miss Ada l.. Adolphus Murcutt, the eel ebrated Australian Woman's Christian Temperance Union organizer and lec- turer. is to conduct the evening services at the Howard street M. E. Church next Sunday. Monday, Tuesday, "Wednesday and Thursday evenings Miss Murcutt is to hold a gospel mission at the same place, and on Friday evening will deliver her lecture on Australia, illustrated with ctarannficOn views.
The San Francisco call., 1898-08-04
Assessor Bailey Won.

The jury In the case of James Bailey against Assessor Bailey of Sacramento for SIC, ,Oee damages for fraudulently over- assessing the old posto1tice property on the corner of Fourth and K streets in that city, returned verdict in the United States Circuit Court yesterday morning in favor of defendant. The defense set up was that the Assessor must take into con sideration the rent-producing value of the property in making his assessment. El- wood Bruner was the attorney for the de- mt
The San Francisco call., 1898-08-04

himself with an armful of cobble-stones and, as he said, "he would show them how Dewey did it." proceeded to demol- ish the store windows. He perforated the plateglass windows and smashed the showcases on the counter inside, besides sending bottles and their contents. flying;
 The noise attracted the attention or Officer Joe Leonard, who was on duty on Mission street, and upon his arrival Will son took flight. He was captured af- ter sharp run of five blocks, and was locked up on the charge of malicious mis- chief. Proprietor Sturcke claims to have been dana ged to the extent of 300.
The San Francisco call., 1898-08-04
Additional Mail Facilities.

If the Southern Pacific Company shal have provided car for that purpose by next week there will be established addi. tween San Francisco and San Jose This will give full postal car service to all of fees between San Francisco and San Jose The north bound trains will make connec tions with trains for Oregon and the State of Washington.
The San Francisco call., 1898-08-04
Alice Rix Writes About the Princess Who Wanted to Be Queen
 In Next Sundays Call.
Officers Changed.

The Board of Election Commissioners
 held a short session yesterday morning and made several changes in the list of precinct registration officers selected at the meeting held last Saturday. The ma jority of the changes were made because the officers had not registered or were placed in precincts In which they do not
The San Francisco call., 1898-08-04
Admiral Miller Writes Abo,t Prize Money in the Navy Tn Next Sundays Call.
r,.orr;ne How Dewey Did It.

-ao wilson. on being refused liquor = Geols tha grocery store of Henry sturcke, at in toggtbeast tne corner of Mission and the ntoanth noerHf streets. last night, fortified
The San Francisco call., 1898-08-04
PHGNIX ASSURANCE COMPANY

nF LONDON, ENGLAND, ON THE s1sr year ending on that day, as made to the h. surance Commissioner of the State of Cali fornia pursuant to the provisions of sections 61O and 611 of the Political Code. condensed aa her hlank furnished by the Commissioner.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-04-28

Notice is hereby given, that that certain mort
gage, executed and delivered by Samuel Nc
Adam "a single man) mortgagor, to Robert Nc
Adam mortgage, dated the 4th day of Septem-
Der A. d. eighteen hundred and eighty-nin
and filed for record in the Office of the register
OF deeds of the county of Cavalier and State of
North Dakota, on the 5th day of September, A.
D.18S9, and recorded in book 10 of mortgages, at
page 389, will be foreclose by a sale of the pre-
misses in such mortgage and hereinafter describ-
Cd, at the front door Of the courthouse in the
State of North Dakota, at the hour of 2 o'clock
amount due upon said mortgage on the day of
sale.
This premises described in said mortgage and
which will be sold to satisfy the same. are those
certain premises situated in the county of Cava-
lier and State of North Dakota and described
as follows, to-wit: The north half of the north
west quarter of section eight and the south half
OF the northeast quarter of section seven, in
township one hundred and sixty-three north, of
range slxty-three west, of the 5th D. M, and
containing one hundred and sixty acres of land
more or less according to the U. S. government
survey thereof nA nwA sec 8, and sh neA sec z,
twp 163 n, range 63 W.
There will be due on such mortgage at the date
of sale the sum of Three hundred and thirteen
and S1-1Ooth dollars for principal, interest and
attaEney fees, and also the futher sum of two
hundred and eighteen and 96-1OOth dollars for
taxes, making the total amount due on such
mortgage at the date of sale the sum of $532.77.
Dated at Langdon, North Dakota, this 18th
day of March, 1898.
34-40 ROBERT MCADAM,
W. 3. DICKSON, Mortgages.
Attorney for Mortgage, Langdon, N. b.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-04-28
Notice of chattel Mortgage Sale.

Default having been made in the condition of
a chattel mortgage bearing date the 26th day
of June, 1897, executed and delivered by Philip
L.. Hines, as mortgagor,. to G. w. Clarke, as
mortgage, and fled in the office of the register
of deeds of the county of Cavalier and state of
North Dakota, and numbered 51O61; wherein
default has been made as follows, to-wit: By
the nonpayment of the debt secured thereby
according to the terms of two promissory notes.
The debt secured by said mortgage is $4,000
with interest at IL per cent per annum from the
18th day of June, 1897, due November 1, 1898, of
which amount the sum of $151 90 is claimed to
be due at the date hereof by reasons of said
default.
Notice is hereby given, that by virtue of said
default and the power of sale contained in said
mortgage and by order of c. w. Clarke, the
present owner of said mortgage, I will sell the
following chattels, described in the above
mortgage, to-wit: One grey mare aged about
five years old, One grey mare aged about five
years DID, One black pony with white face and
legs, One set of double farm harness; at public
auction for cash, at the front door of First Natl
Bank of Langdon Cavalier county and State
of N. OAK, between the hours of IL m. and 4
o'clock p. M, on Saturday the soth day of April
1898, from the proceeds of which sale shall be
paid: First, the costs and expenses of said
mortgage sale, second, the debt aforesaid with
interest thereon at the date of sale; third, the
balance if any there be, to the owner of the
mortgaged property.
Dated Langdon N. Oak, April 80, 1898.
JOHN MCGAUvRAN, Agent.