davidaulloa/AmericanStories huggingface dataset:
The daily morning journal and courier., 1899-06-02
IN AND ABOUT THE COURTS
SEVERAL SUITS DECIDED DBYJUDGE
 ROBINSON.
Decision in Augur VIII Case Appealed From -Four New Suits Returned 10 the Court of Common Pleas Yesterday Jury Excused Till Next Wcek-City
Court Suits.


 Judge Robinson yesterday gave Judgment for the defendant in the suit of Charles J. Goodwin of Hartford and William K. Jewett of Glenville, Conn, against Frank E. Williams of this city The suit was brought by the plaintlit to recover one third of note for $5,000 The note was signed by all three and the two plaintiffs had to pay.
 In the superior court yesterday was settled the interpleader suit brought for the purpose of showing to whom the Independent Order of Heptasophs must gay an insurance of $2,000 on the life of George II. Carter. It was decided that Harriet M. c. Cook, his sister, should have $1,075 and the wife, Fluvia A. Carter, should have $s25, The re- mainng $100 is for court costs.
 Attorney J. F. Thompson has appeal ed to the superior court from the action of Judge Robinson in dissolving the in- junction which restrained Mrs, Mary D. Augur from taking into her possession certain funds, bonds and securities which 1t is claimed belonged to her fa- ther-in-law, Jacob P Augur.
 Mrs. Augur contends that the proper ty belonged to the estate of her late husband, Jacob F. Augur.
 The suit of Solomon Well against Amanda Well, to set aside marriage has been withdrawn.
The daily morning journal and courier., 1899-06-02

Health for ten cents. Cascarets make the bowels and kidneys act naturally, destroy microbes, cure headache, ,bilious- ness and constipation. All druggists.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

Supreme Court, however. has determined that
the grounds of contest cannot be amended af-
ter the lapse of the year limited for the in
stitution of a contest. so as to add a new
ground of contest. On re Wilson, III Cal,
1922 Hence this contention cannot be main
The said section 1888 apparently means that
if any person within year after the pro-
bate of a will. contests the same, then the
probate thereof is not conclusive until such
contest fails. It certainly does not confer a
right on any other perso INTO begin contest
of the will after year from the probate
thereof
plicant is not entitled to file petition in in
PREVENTION and that she is too late to be per-
mitted to contest the validity of the aforesaid
will or the probate thereof.
The petitioners aforesaid application is &C
cordingly denied
Notwithstanding the opinion of the
court it is said that an appeal will be
taken and the right of the petitioner to
intervene finally determined. If the Su-
preme Court holds that Judge Troutt's
decision should be sustained then the ap-
plication of Mrs. Craven for family al
lowance from decedent's estate will be
prosecuted to a final decision. Mrs.
Craven has met several adverse decisions
but she has not yet lost hope, and mer-
ry round of litigation must be met by the
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

code By the two sections last cited any in
terested person who may desire to contest a
will, either before or after probate, is directed
how to proceed, and is limited to one year
after probate within which to contest the same
and to obtain a revocation of the probate
thereof. Evidently, If the applicant We're per
mftted to become contestant of the will af-
ter the lapse of a year from the probate there
Of under the guse of an intervenor then the
aforesaid Limitation of the statute respecting
the time within which a person may contest
a will after its probate, would be nullified and
the statute in effect. would be indirectly re-
pealed
Petitioner further contends that section 1888
of the aforesaid CODE when properly construed
in conjunction with the aforesaid section 1927
gives the right to any interested person with
out resort to intervention) to contest will
even after year from it's probate, provided
any other person has. within the year. taken
the necessary steps to contest the will
The aforesaid section 1888 declares that 'if
no person within one year after the probate
of will, contest the the validity
thereof, the probate Of the will is conclusive;
saving to infants and persons of unsound mind
like period of one year after their respective
disabilities are removed
This contention of petitioner means, of
course that the person who is thus permitted
to conest will after a year from its pro-
bate, may rely upon anv of the statutory
grounds of opposition to the will whether
urged by the original contestant or not Our
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

Except as otherwise provided in this title,
the provisions of part IL of this code are APP
plicable to and constitute the rules of practice
in the proceedings mentioned in this title.
Title XI of part III is the in which said
section lib is found. and it is entitled of
proceedings in Probate Courts" Said section
3S7 Is included in part II and provides that
any person may, before the trial, intervene
in an action proceeding who has inter
est in the matter in litigation, in the success
of either of the parties interest against
both. An intervention takes place when a
third person is permitted to become a party
to an action or proceeding between other per-
sons, either by joining the plaintiff in claim
Ing what is sought by the complaint by
uniting with the defendant in resisting the
claims of the plaintiff or by demanding any
thing adversely to both the plaintiff and the
defendant, and is made by complaint setting
forth the grounds upon which the Intervention
rests. filed by leave of the court and served
upon the parties to the action or proceeding
who have not appeared, and upon the attorneys
of the parties who have appeared, who may
answer demur to 1t as if 1t were an original
complaint"
Notwithstanding the very ingenious argu-
ment of applicants counsel it is quite clear
to my mind that the aforesaid section 3s7 Of
the Code of Procedure does not apply to
a probate proceeding wherein a will is con-
tested either before after it's probate, for
the simple reason that 1t is virtually other
wise provided by sections 1872 and 1927 of said
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
MATTER WILL BE APPEALED
SUPREME COURT MUST DECIDE
THE VARIOUS POINTS.
Mrs. Craven Is Shut Out by the
Statute of Limitations, but Other
Grounds Remain for
Contest.

Mrs. Nettie r. Craven, posing as the
widow of the late James G. Fair, has met
another defeat Yesterday morning
Judge Trout handed down a decision in
which he denied Mrs. Craven the right
to intervene in the contest Of Charles l..
Fair to the will of his deceased father.
This is a serious matter with Mrs.
Craven, as it cuts her off from following
one of her strongest leads toward the
glittering millions of the deceased cap
itaIist's estate. Still she has other
grounds upon which she can fight for a
share Of the estate, and doubtless these
grounds will now be brought forward and
the battle fought to the bitter end. The
decision handed down by Judge Trout
DENYING Mrs. Craven the right to inter-
vene in the contest in full is as follows:
In the above-entitIed estate an application
has been made to the court by Netue H..
Craven Fair as the surviving wife of James
G. Fair deceased, for leave to file petition IN
Intervention. The object OF the proposed IN
PREVENTION is to contest the decedents WILL
which was admitted to probate on the 10th
day of November, 1896.
No person, within year after probate of
said will contested the same, except keep Sha are.
ton on the 18th day of November, 1897, and
contested said will and prayed for revocation
of probate certain grounds.
In the month of April, 1899, the said Nettle
R. Craven-Fair applied TO the court, as afore-
said for leave TO file a petition in interview
ton for the purpose of contesting said will
and obtaining a revocation of probate on the
same grounds as those specified in said Charles
L. Fairs petition. Whereupon, by order OF
court. notice served upon the respective
attorneys for the executors of said viii and for
the children of decedent requiring them, at a
certain time, to show cause, if any they had.
why said petition in intervention should not
be filed.
The applicant first claims that section SS7
of the Code of Civil Procedure. concerning the
right of intervention, is made applicable TO
will contests by virtue OF section l713 of said
code. The latter section reads as follows:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
MANY CHANGES
MADE IN THE
CUSTOM-HOUSE
Smith and LinCk Were
Blessin gs.

The Secretary of the Treasury has
granted all the requests made by Special
Agents Smith and Linck, who recently
overhauled affairs IN the Custom house
and made themselves thoroughly &C
quainted with all its needs. The Secre-
tarys desires in the matter were commu-
nicated to Port Collector Jackson in a
letter yesterday by which the following
changes are made:
Customs Inspector c. T. Cook to be
made a clerk for the Surveyor at sal
airy of $500 per annum. The following
clerks salaries have been increased: c.
L. Brown, $500 to $500; c. L. MARBLE, S140O
to $780, Francis V. Leach, $1,000 to Sl400;
Thomas ]. Barry, $1,000 to $14O0; A. L. Ri
ley, $50 TO $1,000. The positions of c. j.
Handley, formerly IN the Appraiser s
store, and J. p. Riley, opener and packer,
are discontinued A. G. Buckbee, opener
and packer, is made elevator conductor
at the same salary, $3.50; one clerk in the
liquidating department, to be designated
by the Collector, is TO be discontinued.
The Custom-house must hereafter re-
main open from a. m. until 4 p. m, in
stead of from to 3, as heretofore. All
smoking by employees of tobacco in any
form, as well as the smoking of cigar
cites and Manila cigars. must be diScon-
tinued In the Custom-house and Apprais-
er's building. Storekeeper NJ. Lipowitz
is to remain permanently in charge of the
bonded manufacturing warehouse and not
changed yearly as has been the custom.
One inspectress in The immigration Blu
reau is TO be dismissed. Assistant Weigh
ers Julius E. Pomeroy and Raymond II.
Wilcox, now keeping books, are ordered
TO duty as assistant weighers and the Col
lector is empowered to appoint two clerks
at 1920 per annum; also a chemist at $1,000
per annum. The Collector is also author
lied and requested to appoint fifteen adj
ditiopal Customs Inspectors for service
under Surveyor Spear in pursuance of
the Surveyors request heretofore made
Secretary TrQa ba
growth OF the commerce of San Francisco
required that additional number of men.
This is the first report of any special
agent that did not recommend decrease
Of arip
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
PROBABLY A MURDER.
Remains of an Unknown Female In
FAINT, Entirely Nude, Found
Floating in the Bay

The nude body of an unknown female
infant was found floating in the bay yes
terday near the gas works at North
Point The remains were very much de-
composed. and when examined at the
Morgue it was ascertained that the child
was about a week old at the time of its
death. The body had been in the water
so long that all evidences Of murder had
had been committed). If the child had
died natural death and its parents We're
too poor to provide for its burial they
would have notified the Coroner and had
the remains inferred by the city under
taker. or if the parents wished to con-
ceal their identity they would have de-
P where if '3e Womb, P9o be f foun S9ie o
The fact that the body was thrown into
the water leads very directly to the sus-
picion that the infant was murdered.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

lshed this book for free distribution. Printing
is, nowadays, such rapid art that it doesn't
cost a great deal to get out neat book and
give it away. The book is written by DR.. w.
S. Rice, 41S w. Main St, Adams n. Y, and by
merely sending your name and address he will
mail you a copy free of all cost. The portrait
above is that of Mr.. F. l.. Wiley. Shelton
Wash, who cured of rupture by DR.. Rice
Mr.. Wiley says: Il sent to Dr. Rice for one
of his books rupture and found it very valu-
able. The information therein the first
real knowledge l had ever received that could
convince me that rupture was a durable mall
ady. l used his home treatment and glad
to say that my rupture was perfectly cured
and that l haven't had any return or noticed
any difference between the healed place and
any other solid part of me. 1 was cured sound
and we'll
Readers are requested to write at for
this free book No matter If you wearing
some kind of a truss that affords some relief
send at once and learn all about the home
which DIR. Rice has clearly explained and
fully illustrated. Write to-day, and If you
know others who are ruptured ask them to
write. 1t contains advice that may save your
life
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
FREE CAMPING

Ideal camping spots all along the main
line, Sonoma and Guerneville branches OF
the California Northwestern Railway
Qessee San Francisco and North Pacific
Railway, the picturesque route or Call
fornia- While parties can camp any
where, close to or remote from the rail-
road, few picturesque spots especially
adapted for campers have been selected
on account of their easy access to San
Francisco.
Glen Ellen Park and four miles along
Sonoma Creek, beautifully shaded. Excel
lent fishing and bathing. Mr.. G. e. Har-
vey, at Glen Ellen, will show locations.
Mirabel Park, on our Guerneville
branch, adjoining the railroad, and skirted
damned, affording fine bathing. boating
for two miles, and good fishing, Man in
charge. Row boats at reasonable rental:
Guerneville, in the midst of the redwood
practically. the terminus of the Guerne,,
vile branch. The people of the town and
vicinity, under the name of the business
Mems Association, of Guerneyille' 3ffer
section. The Russian River will BE
damned, affording a magnificent sheet Of
water for bathing and boating. Mr.. d.
Cornell, proprietor of the livery stable at
Guerneville, representing the association,
will meet all trains, and without charge
will show prospective campers the various
locations.
To and from all these points double
daily train service.
Supplies delivered on the grounds by
the merchants of the adjoining towns.
procured at Ticket Office, $50 Market st.
For detailed information apply at Ticket
Office, $50 Market ST., Chronicle building.
or at General Office. Mutual Life building,
H. c. WHITING, r. x. RYAN
General Manager. Gen. Pass, Agt.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
Triumphs of Modern Engineering.

Theophilus Tucker lectured before the
Socialist Labor party last night at Turk
street Temple on the ''Triumphs of Mod
ern Engineering"
Modern engineering" he said, SIS do
ing wonders for the world never dreamed
II i l the nroVince If eneineeriny sciepSe
to embellish the environment of the hui
man race. 1t takes in hand the cultiva-
ton of the entire surface of the earth,
and modern engineers were the real re-
deemers Of the human race"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
Yosemite Camping Excursions.

Every day First party leaves MONDAY, May
20 For information inquire at the Traveller
office, 20 Montgomery st. or the Valley Road
office 81 Market St, San Franclsco.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
CAMP TAYLOR REDWOODS.

On N. p. c. r. R., the place to go for sum-
mer; board camp cottages; Sunday excur-
sions. 81. For circulars address H. u. MAR
TIN. Camp Taylor. Cal.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
HOTEL RENuENUE

And cottages, Lakeport. Cal.-Large grounds;
new dancing pavilion, Sox4o fronts lake 200 #, !:
fine bowling alley and Switchboard; swimming.
boating. elegant yacht free; children's play
ground; good table: Chinese help. +. &
A. NJ. SCALES, Proprietors.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
ADAM SPRINGS, LAKE co.

Favorite resort of the State: the water Is un-
excelled for medicinal purposes; table unsur-
passed. fine fishing and hunting; stage daily
rom Calistoga direct to springs: round trip at
Southern Pacific Offices So DIR. w. X. PRA-
Their. Adam Spring.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
ROWARDENNAN,

q ANITA CRUZ MOUNTAINS. ON SAN LoR-
- EMO River, 3Iz hours from S. F.. 40 min
utes from Santa Cruz; grounds and river lit
by electricity; tennis. bowling, boating. bath,
ing fishing and golf links; elegant hall and
dining room: club, billiard and smoking rooms;
new Rard-finished and elegantly furnished tel
ephone Round trip, 3d. Address w. E. YEA
ZIE Lessee, South Ben Lomond.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
"THE TRAVELLERS" BUREAU,

n NO. 20 MONTGOMERY ST., KEEPS
"A the pamphlets of all principal California
Resorts for FREE DISTRIBUTION. The pub
lie cordially invited to call write. Nc
CHARGE OF ANY KIND.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
HOITT'S,

MEMO PARK, SAN MATEO CO. ONE
IVA hour from San Francisco. Ten daily trains
each way. Open to guests during June and
July. Address IRA G. HOITT.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

Probably the happiest man in the
world is the one who has just invested
in his first wedding ring.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

Fair heirs and decisions obtained thereon
before the end can be announced.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
KLAMATH HOT SPRINGS

(Beswick, Siskiyou County CALI
FINEST nshing and health resort on the coast.
Climate perfect. For particulars apply to Ed
SON BROS. Proprietors
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
SARATOGA SPRINGS,
LAKE COUNTY.

LAKE COUNTY.
Opening of new hotel all modern improve
nents: running water and gas in every ROOM
A most picturesque spot and charming climate
Mineral springs without their equal in Ameri
ca Easy staging telephone and daily mail.
Rates. $40 to $14 per week Special reduced
rates for small cottages. Write ]. MARTENS,
Prop. or F. A. BUSSE, 416 Pine St, city.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
FAMOUS GILRoY HOT SPRINGS.

(Change of Management)
R. ROBERTSON (for the past FIVE years at
Paradise Springs), Prop. and Manager.
The hotel and cottages have been thoroughly
The Table the best the market affords. The
Baths reftted and improved-competent at
tendants and masseurs. Grounds and walks
beautified Fine hunting and fishing. Trains
leave Third and Townsend sts., S. F., at 8
a. M and 245 p. m. Carriages at Gilroy for
the Springs.
For illustrated pamphlets and special rates
by months and for families address r. ROB-
ERTSON. Gilroy Hot Springs. Cal
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
VICHY SPRINGS.

THREE MILES FROM UKIAH. MENDo-
elmo County. Natural electric waters,
champagne baths Only place in the world Of
this class OF waters having continuous flow Of
natural warm water direct from springs to
bath tubs Lovely grounds, fishing and hunting.
CRYSTAL Springs Accommodations and table
first-cIass. J. A. REDEMEYER & CO.. Props.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
SUMMER HOME FARM.

SANTA CRUZ MOUNTAINS: FIRST-CLASS
family resort; cottages, tents. hunting and Ash
ing; artificial lake for boating and swimming;
long distance telephone: campers return tick
cts. 81 so; hotel open the year round Send for
circulars to J. H. HAESTERS. Genwood Cal
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
RRooksIDE

The beautiful resort at the head of
Napa Valley is now open. First-class ac-
commodations. hot and cold water. gas. baths,
mineral springs. For health. scenery, climate
and beautiful drives it is unsurpassed. Write
for pamphlet. LORRIN BOOTH, Prop, Cal
istoga, Cal
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
ADVERTISEMENTS.
Rupture Book Free,
Home Method That Restores No
Matter How Bad the Case.
Welcome Advice From a Well
Known New York Specialist.

A prominent specialist in the cure Of rupture
has written book on the subject and tells how
any sufferer can cure himself at home at slight
expense. And the best of it is that he has pub
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
Yosemite Valley and Big Trees.

Superior accommodations and lowest rates
Via the Valley Road route. For full par
ticulars address JOHN MOSS. Traffic Dept.
81 Market ST., San Francisco
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

R0rA HATEJ The grandest resort In the
DUSA HV Ill Sierra Nevadas for the
hunter and fisherman: pleasant sunny rooms
good boating on lake; boats free to guests
prices reasonable. IS to $40 per week; Special
rates for families. The celebrated Truckee
River trout are unequaled in California w. J.
Mcdonald Manager
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

DR.. c. c. O'DONNELL'S
Sanitarium and Mineral Springs Glen Ellen
Sonoma County; also 20 completely furnished
Broom cottages; good boating, dshing and
hunting; finest summer resort and mineral
water for all diseases in America; camping
ground and mineral water free Apply to Dr.
c. c. ODonnell. 1o211a Market St, bet Sixth
and Seventh, San Francisco
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
HARBIN'S HOT SULPHUR SPRINGS,

The Best I'm the NNorId
HOTEL, COTTAGES and GROUNDS light
ed with ACETYLENE GAS. Open the year
round Sulphur, Iron. Magnesia and Arsenic
All kinds OF baths. WONDERFUL CURES
Of rheumatism, Catarrh, Dyspepsia, Paraiy-
sis, Skin Diseases and Kidney, Liver and
Stomach troubles. Long distance phone
Terms SO to slS per week Daily stage from
Calistoga. ]. A. HAYS, Prop.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
HOWELL MOUNTAIN,

A lovely home one mile from Angwin's Hotel;
about lis acres acres hay land; acres full
bearing vineyard: fine spring. also well supplied
by spring: house. barn and outbuldings;
adapted for summer resort. Apply to MRS. H
r WAGELAND St Helena, Napa Co., Cal.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25

rLnJ cDIn-Most beautiful spot in Lake
kAkLSDAU County. The mineral springs are
famous for marvellous cures when an else
bladder affections Superior accommodations.
$40 per week. Fine roads trout hshing and
had LAX County.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
sAMUEL SODA SPRINGS.

J. R. Norris, Prop. Napa County, Cal. Surs
cure for dyspepsia, indigestion, rheumatism
and constipation: hot mineral baths. These
springs are located in Napa County, 20 miles
east of ST Helena. The water Is bottled at
the springs and contains its own natural gas.
Stage leaves st. Helena
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
!. 6. TOCALOMA. Ma Ar

BERTRAND HOTEL-First-class accommo-
dations: reasonable rates; fishing: beautiful
drives to Bear Valley, etc. JOSEPH F. Der
TRAND or Winchester Hotel Dining-room,
arst floor IS Third st, San Francisco.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
Mark West Springs,
HOTEL MOUNT VIEW,

A BEAUTIFUL SUMMER RESORT IN ROSS
VALLEY; now open Tor guests. For terms
and particulars address MRS M. |. LEACH,
Ross Valley, Marin County. Cal.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
Montgomery Sulphur Springs.

Natural hot mineral baths. Good country
board. Rates Sc and 81 per week. MRS. ].
Calistoga, Cal.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
NAPA SODA SPRINGS.

TWO TRAINS DAILY; 1880 A. NJ. AND {
p. m. stage meets train at Napa City. AN
DREW JACKSON, Napa Soda Springs P. o.