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Bennington banner and reformer. (Bennington, Vt.) 1903-19??, 1903-07-02
Willie Goods

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l0c 36-inch White Victoria Lawn, &c
20c 40-inch White Victoria Lawn, 15c
Fine India Linens or Lawns, &c, lie,
l4c, lSc, 23c
Striped Dimities reduced to y lie,
l5c, zoe, pc
Piques, Is and 25c
Fancy Mercerised Novelties in Waist
Patterns at one quarter less than
former prices.
Persian Lawns, DC to 45c
Null Chiffons, 81 1-2c to 60c
Check Nainsooks, &c, Sc, 10c, l4c
Danish Clotn, l0c
Crepons, l4c
Woven Madras Cords, pc
Bennington banner and reformer. (Bennington, Vt.) 1903-19??, 1903-07-02
HLNlKERCHIfF BARGAINS

Importers samples Of Ladies handker-
chiefs, worth from 6Oc 70 100 dozen. While
they last DC eA0"
Importers samples Of Ladies' fine Linen
embroidered, Lace Edge, in fact all styles
worth from 1.B0 10 2.25 dozen, marked
IL Lac each
Bennington banner and reformer. (Bennington, Vt.) 1903-19??, 1903-07-02

button.
OTATK OF VERMONT, At a session
- District Of Bennington, IS. Of the Probate
Court. holden at the Probate ONCE In Bennlng.
ton, in said District, on the 3Oth day OF June,
A d. 1903.
The San Francisco call., 1903-12-19
FIGHT over
MARE ISLAND
f. L. Sawyer Takes Legal Action
to Have Government Elected
From Overflow Tract of Land
B. II. McCALLA DEFENDANT
Plaintiff Claims Ground by
Virtue of Grant of Congress
in 1850 to California

A suit in ejectment was filed yester-
day in the United States Circuit Court,
Ninth Division. against Bowman H.
McCalla, commander of the naval sta
tiOn at Mare Island. The suit has been
brought by F. L Sawyer and is in
reality suit against the United States
Government to recover 164.55 acres Of
swamp and overflow land of the north
end of Mare Island.
Sawyer claims title under the grant
by Congress in 1850 of all swamp and
overflow lands to the State Of Califor-
MIA. In 1857 the State patented the
land in question to David n. DarlintOn.
Sawyer is the successor of DaFlinton in
the ownership of the land, and wants
the Government elected from what he
alleges is his by right OF law.
1t being unlawful to bring suit
against the Government without hav-
ing first secured it's consent. the suit
was brought against McCalla, he being
in charge Of and ruler over the island,
a portion OF which Is the subject OF the
suit fled
The United States Government Will in
all probability contest the suit, claim
ing Mare Island in it's entirely as sue
cessor TO Victor Castro. to whom the
island was granted by the Mexican
Government in 1S41. The Government
is in possession of the tract Of over
flowed land at the present time.
Sawyer claims that the Government
in acquiring the island only got the
high land and that the swamp or over
flowed land belonged to the State by
the grant Of 1850. He being the success
sOr of DarlintOn, to whom the land was
patented by the State, claims title TO
the disputed acreage.
The suit win occasion much interest,
as a case similar to it was brought
against the Government in the Circuit
Court before Chief Justice Field in Sep
tember, 1888, by the San Francisco
Savings Union ct al. to secure title to
a large tract of OverfiOwed land COM
prising 7413 acres. The land then sued
for was that lying directly north Of the
section now being sued for by Sawyer.
Judge Field gave judgment to the
plaintiff. The decision was appealed to
the United states Court Of Appeals and
there upheld.
Sawyer claims that the Government
is now using his tract OF submerged
land as a dumping ground for rubbish
from the island. He has retained At
tOrney w NJ Mcintosh.
The San Francisco call., 1903-12-19
CAV AIRY WILL
co TO MANILA
Transport Thomas Will Soon
Carry Fresh Men to Do
Duty in the Philippines
WEATHER DELAYS GAMES
Soldiers Baseball Sports at
the PreSidio Are Spoiled on
Account of Muddy Field

The transport Thomas, which is
scheduled to sail on January 1 for Ma
Mia, will carry two troops of the Sec
ond Cavalry, members of the hospital
and signal corps, besides a number of
detached officers and few casuals.
The two troops of cavalry will come
from Fort Sheridan The remaining ten
troops of that regiment go out to the
philippines ON the transport Kilpat-
rick, sailing from New York
Yesterdays storm caused disappoint-
ment at the Presidio, where two fine
games of baseball had been arranged.
The Fifteenth Infantry team from Ord
Barracks, which has been the guest of
the post for a week, expected to play
against the Tenth Infantry in the
morning, and in the afternoon they
were to have crossed bats with the
crack Preside post team. The games
will be played to-day if the weather
permits.
Ihe Presidio post team will go to San
Jose Tomorrow morning to cross bats
with the ll-Professionals, who are now
MlHteIlnS IN that city.
Captain Marcellus G.. Sprinks, who
has been ordered to report to the pay
master of this department, is expected
to arrive soon. He will proceed to the
Philippines in February.
On December % Captain G. p White
Will sell at public auction at the post
big lot of condemned quartermasters'
supplies. This will include tentage,
tools, halters. harness and a large
amount of miscellaneous articles. 1t
will be one of the largest sales that
has taken place at the post for many
months.
The Thirtieth Infantry, which arrived
from Manila last Tuesday, was paid off
yesterday at the post and joy reigned
In all probability the regiment will de-
part for its respective posts on next
Tuesday or Wednesday.
Lieutenant Colonel T. F. Davis and
Major George r. Cecil, both of the Thir-
tieth Infantry, are the guests Of Major
William Stephenson at his hospitable
quarters in the post proper, while
awaiting their departure with their reg
iment to the East
Lieutenant Alfred c. Arnold left last
night for Vancouver Barracks, Wash
ington, in charge Of twenty-four artil-
lery recruits who will be mustered into
the service at that post.
Lieutenant George 3. Sharon of the
Thirtieth Infantry. who was placed un-
der arrest for a breach of regulations
just before reaching port on the trans
port Sherman, has been released.
The Presidio Officers Club has elected
the following officers to serve during
the ensuing year: Captain Ira ].
Haynes, Artillery Corps Captain
George P. White, quartermaster; Cap
tain F. z. Johnston, Artillery Corps;
Lieutenant r. r. Camp. Ninth Cavalry.
and Lieutenant o. G. Collins, artillery.
The present secretary, Lieutenant w.
A. Covington, Artillery Corps. will re-
main in office until February.
Captain A. w. Chase of the paymas-
ter's department has arrived and has
reported at headquarters of this de-
partment.
The San Francisco call., 1903-12-19
CAPTAIN NEVILLS CALLS
BLUFF OF ONE JOHN ROSS
Collector of Bad Debts Fails to
Brighten Mining Man With His
Talk of Fight.

Captain w. A. Nevills, the well
known mining man and capitalist,
called the bluff of one John n. Ross,
attorney and. collector of bad debts.
at a meeting of the Police Commits
sioners yesterday afternoon.
NeviIls was a witness in the, case of
Charles D. Long, charged with fieec
ing laboring men. Long conducts an
employment bureau and is alleged to
have had a habit of sending men to
people who did not want them, in or
der to get their fees.
Ross, Longs attorney, and the min
ing man engaged in wordy war and
nearly came to blows as a result
Nevills did not seem to frighten at all
at Ross talk. Long claimed that
Nevills sent for the laborers and the
fact was vigorously denied by the
mining man.
Little of note was accomplished at
the trial.
The trial of James G.. Fogarty
charged with clubbing Sol Levitus, one
of the strikers of the Cloakmakers'
Union, on Taylor street on December
5. was commenced. A number of
witnesses were examined and the FUR
ther hearing was continued till Tues
day night.
Joseph e. Bennett was dismissed
from the department by vote of 3
to 1. Commissioner Reagan voting no.
Bennett was implicated with ex-Ser-
geant Wolff in accepting money from
Simpson & O'Neill, saloon-keepers,
Seventh and Mission streets.
a .s-s-.i..i:s + o
claimants. The protestants named are .ers owneTs
OF the Lcraine group of claims and me Irotsst
is filed on the ground of alleged conflict OF
the Mckinley claims with those of tie LoLa,ne
group. The conficttas alleged enlpr tcss iu.o
acres and refers especially to the Ruby, Garnet,
Jasper, Pony Iron Cap, Spring Gul.h. Coll
Springs. Copley, Trail, Sunny South ana FROZEN
North locations Of the Mckinley group The
claims comprising the Lorraine Eroup owned
by the protestants are the Central, Last nance.
Grey Eagle: Old Man Oregon; ai1, hnet BLU Blue
Cottonwood and Green Mountain. The matter
will be carried 10 the Superior Court for set
tlement.
The Mining and Scientific Press re-
ports that the Alaska Development
Company has struck its second flowing
oil well on it's land near Catalla, oppo-
site Kayak Island, Alaska, and that the
company has built a 1000-gallon tank
near the wells and will run a pipe line
to the drilling plants, so that oil may
be used under the boilers instead Of
coal. Three other concerns have drill
ers at work in the Kayak country, these
being the Cudahy Packing Company
the Alaska Petroleum and Coal Com
pany of Seattle and Chanslor & Can
field of California.
The San Francisco call., 1903-12-19
Gets a Hundred Too Much.

Major F. L. Payson, paymaster In
the United States army, secured a war;
rant from Police Judge Cabaniss yes
terday for the arrest OF Charles L.
Newcomb. a discharged soldier, on
the charge of felony embezzlement.
Newcomb was entitled to S251. but
through a clerical error he was paid
1851. The error was not discovered
till few days later. but Newcomb had
left the city. 1t is said that he has
been located in Stockton and will be
brought back.
The San Francisco call., 1903-12-19

Joseph Woods wanted pair of trou-
sers. He had one pair, but he wanted
two. so that while he wore one he could
have the crease in the other pair prop
erly maintained. AS he wandered past
a second hand store on Mission street
a pattern that suited his fancy was
dangling from a hook and he took the
garment unto himself. He was con-
victed of petty larceny in Judge Mo-
gan's court yesterday and will be SEN
fenced to-day.
The San Francisco call., 1903-12-19

Judge Mogan yesterday held Joseph
Kloess for trial in the Superior Court
in bail of $1,000 on charge of grand
larceny Two months ago Kloess was
broke and homeless and met Frank
Adler, a sailor from the United States
revenue cutter Thetis. Adler fed him
and took him to his room to spend the
night Kloess arose earlier than the
jolly tar and left without awakening
him. With him went $50 which Adler
had in his pockets. During the pre-
liminary examination the attorney for
the defendant while cross examining
the complaining witness asked him if
he had taken any drinks on the day he
met Kloess. Yes" answered the wit
ness. How many?" queried the attor-
ney. "Oh, about twenty, was the an
swer. Il thought So" beamed the at
torney. Now, was this beer and whis-
ky or mostly whfsky?" Neither" an
swered the tar, "it was lemonade. I'm
a temperance man and never took
drink of Intoxicating liquor in my life"
The attorney gulped couple of times
and finally managed to calculate,
That's all"
The San Francisco call., 1903-12-19
FATE OF MRS. WILKERSON
NOW IN HANDS OF COURT
Judge MurasIky Hears Final Argument
in the Suit and Takes Case I'm
der Amusement.

Final argument in the divorce suit
of Maude Amber WilkersOn against
Ira Puerl Wilkerson was heard by
Judge Murasky yesterday and the case
was taken under submission.
A divorce was granted yesterday to
William E. Sharp from Amelia Sharp
for infidelity. Sharp is a musician and
was formerly leader of an orchestra In
a Honolulu theater. A decree was
also granted to w. A. Pickering from
Mary o. Pickering for desertion.
A suit for divorce was filed by Flor
ence P. Brown against Daniel Brown
for intemperance.
The San Francisco call., 1903-12-19
snes PeItier for supnort.

The suit for maintenance of Marie
Peltier against John Peltier, an
asphaltum roofing contractor. was
given a hearing by Judge Seawe1 yes
terday. The woman asks for 800 a
month and complains that she was
compelled to live in a hovel by her
husband.
The San Francisco call., 1903-12-19
RIVAL SETS OF HOWLERS
LAND IN POLICE COURT
Fair and "Unfair" Shouters Block Street and
Are Arrested for Disturbing the Peace-Judge
Cabanss Develops Spirit of Yuletide Mercy

any statement well. I would like to
get out of this. Judge" he answered
You can hardly be called daringly
original in your desire" commented the
court. Kelley is accused of snatching
So from the hand of James Sample, who
was counting his money at the corner
of Mission and Third streets on Decem-
Der II. A policeman saw the theft, pur-
sued and captured the TObber and re-
covered the money.
The San Francisco call., 1903-12-19

Thomas Sutton is certainly playing in
hard luck He was among the drunks
before Judge ConIan yesterday How
about this, Sutton?" asked the Judge.
lit was this way, your Honor said
the prisoner. Il work for the Haslett
Warehouse Company. Yesterday was
piling frebrick all day and was tired.
After 1 quit work 1 took a couple OF
drinks of whisky. / am not in the habit
of drinking anything, and the liquor
must have gone to my head. l guess 1
was pretty full, but it is the fire. time
1 have been that way in years" 1t
looked like a runaway race for Sutton
What were you doing up on Kearny
street, near Market. late in the after
noon?" asked the Judge. "Me?" said
Sutton. Il wasn't up that way at all"
"Oh, yes, you were," said the Judge. Il
saw you there myself. You were ours
ing horribly and trying to load a big
box into a hack and drive off with it.
When the hackman interfered you fair
ly flowed with profanity. 1 said then
that you would be before me pretty
soon, and here you are. I'll sentence
you tomorrow" Now, If Conlan had
been on Ellis street-but what's the
use of man arguing about an unto
ward fate?
The San Francisco call., 1903-12-19

Thomas S. Wall, a machinist. was be-
fore Judge Conlan yesterday charged
with battery. The testimony showed
that Ethel Roberts, a young girl, re-
fused to live with her mother and took
a room at 5O2 Third street. Her mother
went there with some food for her
while Wall was making a call. The
mother uDbraided him for inducing the
girl to leave home, and as a result Wall
choked the mother. Her screams at
tracted Policeman WheltOn, who at
tempted to place Wall under arrest.
Wall gave the policeman such a tough
battle that Whelton was compelled to
call in the assistance of Policeman Nc
Dowell before the machinist could be
subdued. The hearing of the case was
continued until to-day.
The San Francisco call., 1903-12-19
RECEIVERS JUDGMENT
FROM GERMAN BANK
Depositor Sues for a sum of Money
That Was Withdrawn by a Man
Who Stole Bank Book

Justice of the Peace Van Nostrand
gave Judgment yesterday for $17O in
favor of John Tyler, who sued the
German Bank for the amount which
he had on deposit. Tyler testified that
his bank book was stolen by a man
whom he had befriended and the lat
ter drew $3.50 of the money. Tyler
said he was at a loss to know why the
bank had paid over the money, as his
friend had misspelled his (Tyler's)
name when he signed for the money.
The bank interpOsed no defense, but
after judgment was given fled notice
that il would appeal the case.
The San Francisco call., 1903-12-19

John Guinasso knocked down Kitty
Langford Thursday night on Pacific
street and took SO away from her. She
screamed for help, and two men that
went to her assistance were also
knocked down. GuinassO was convict
ed of disturbing the peace before Judge
Conlan yesterday and ordered into Gus
tody pending a further investigation
into the case. 1t is probable that a
charge of robbery will also be placed
against him.
The San Francisco call., 1903-12-19

Our frame department is showing new
lines of frames in gilt. oak and art nou-
veau finishes Good for Christmas, San
born, Vail & Co.
The San Francisco call., 1903-12-19

John Kelley was bound over to trial
before the Superior Court by Judge
Conlan yesterday on a charge of rob-
berry and his bail fixed at $4,000 The
Judge asked him if he wished to make
The San Francisco call., 1903-12-19

Judge Cabaniss fairly beamed with
the spirit of holiday benefcenee yes
terday. It was manifested in his own
court first when two old-timers, Julla
Burns and Jane Donahue, appeared 10
answer to charges of vagrancy Ine.
two poor old wrecks fully expected
sentences of three months at least IN
the County Jail, but the Judge let them
90 with a ten-days' sentence, which
under the law will allow their release
Monday. At this unexpected leniency
thew fell into each others arms and
went. When they went back to the
prisoners bench they poured forth
torrent of thanks upon the merclful
dispenser of justice, and as they were
led away a chorus of God bless you,
Judge" f1oated back through the cor
rfdors. Then the Judge rushed over
to the courtroom of Judge Fritz, VINO
is i'll, and found Mary Donahue there
awaiting judgment for having disturb
ed the peace of her landlady, Mrs. Nc
Donald. at 120 Eighth street.
Mary is another old-time offender
that goes on the warpath when she
looks upon the wine. In her minds eye
she saw the gloomy portals of the
County Jail closing behind her. An
other package of mercy was handed
out. however. Mary was told to go
and sin no more. She promised to find
new lodgings. John Mullins likewise
ESCAPED punishment under the pro-
vision that he would take an oath not
to drink intoxicapts for the space of
one year, which he readily did.
Remember the night before election,
ledge" asked Mullins after this little
difficulty had been adjusted, that l
met YOU on the corner and shook hands
with you?" The Judge remembered
"At that time, if my recollection serves
me properly, you accompanied your
sreeting with the query as to whether
/ had the price" added the resourceful
iurist. "Oh, no, Jedge, not that time.
/ had money in my pocket that night
Judge Cabaniss apologized and Null
lins, taking a glass of water from the
judicial tumbler. went out into the mist
to battle for a twelvemonth with his
thirst.
The San Francisco call., 1903-12-19
COLFAx HAS hTNIE.


River, three miles from Colfax, so says
the Colfax Sentinel. are nearly COM
pleted The burning kilns have a ca
pacity of from 100 to 125 barrels of lime
daily. The rock from the quarries has
undergone a thorough test. The Sen
tinel says the quarries are virtually
inexhaustible and the supply of fuel
abundant. The company has surveyed
for an aerial tramway to convey the
lime from the kilns to the top of the
hill, above the works, which is/ dis
tance of $500 feet, on a gradual upward
incline, and the elevation from the
kilns to the end of the tramway is COS
feet The tramway will intersect the
wagon road a short distance from the
Big Oak mine, and from there the lime
will be hauled by teams to Colfax, via
the county road. Electricity will be
used as the motive power on the tram
way. A storage supply for the lime
will be erected at the works with ca
pacity of 100 tons. Colfax will be the
distributing point for the northern part
of the State of Nevada.
A correspondent of the Calaveras
Prospect writes that the mining
outlook has never before been
as good for the Calaveritas district.
The Nelson Contracting Company is
working. The debris dams are COM
pleted and awaiting the inspection of
the California Debris Commission. The
Foster claim, near Washington ranch,
will be operated dredger to work
gravels will probably be constructed.
Work at Brandy Flat will be on quite
a large scale this winter.
AMADoR OPERATIONS.
The Amador Ledger says that parties
have been negotiating for the purchase
of the Defender mine, and the price of
$50 900 has been mentioned. At the
Sand Pile mine, where the only cyanide
plant in Amador County has been oper-
ating. a cleanup will be made directly
The Rhetta mine is reported to have
encountered the ledge on the drift east
from the 1050-foot level. The mining
property adjoining the Zeila mine on
the north has been sold. The Ledger
says:
The intention, Of the purchasers is to COM
bine the Fleming and Eudey ranches. embrac-
ing large tract of land along the east CT
Zeila lode, and organize mining company 70
operate tie same 1t will take Jin.r 70
make the necessary arrangements Active
work will not be likely to begin before six
months at least. 1t IS good news however
for the people Of Jackson that this portion Of
the Gle line is u be prospected, with sufi,-
Gent caIftal behind the movement to thorough
~ explore wha. is regarded very Irvriis
:"g territory.
The facts concerning the trouble over
the Mckinley Consolidated mine in
Shasta County are stated by the Red
ding Free Press to be as follows:
The application of the Balaklala Consolidated
Copper Company for United States natent 10
the Mckinley Consolidated mine in Fiat Creek
mining district is opposed and protest rsIers
were filed in the land office by ShallnIn &
Bgaynard, attorneys for t. ]. Foley and CO.
The San Francisco call., 1903-12-19

Judging from appearances in Judge
Mogans courtroom yesterday the
storm center of San Francisco labor
troubles at present seems to be in
front of the Golden Gate Cloak House
on Market street, near Taylor, owned
by NJ. Siminoff The street in front of
the place was blocked by a multitude
Thursday night listening to rival sets
of shouters, one proclaiming that the
house was unfair and warning all
good men not to purchase therein,
while the other set maintained in loud
tones that the house was fair and
worthy of patronage. Out in the mid !
die of the street a sandwich man"
bore banner with the announcement
that the cloak house was unfair"
Sergeant Mahoney and a squad vain
ly endeavored to clear the way for
traffic and as final recourse arrested.
all the "spielers" and the sandwich
man." When the case was called in
court it was a matter of great difficulty
to separate the different factions so
that the various witnesses could iden-
tify them to the satisfaction of the at
Judge solved the problem by getting
the fair howlers to sit in the lower
seats of the jury box, while the "un-
fair" clacquers were lined up against
the wall. The sandwich man., who
bore the appropriate name Of Eaton
and was in a class by himself, was
stationed at the railing. Then the TAX
ing of testimony began.
1t developed that Siminoff, proprietor
of the cloak house, as an offset to the
denunciation of the union pickets who
proclaimed his house "unfair,' had
hired crew of stentorian-toned shout
ers to howl down the strikers. Botn
sides were making all the noise they
could and the sandwich man carried
the banner and made more noise than
ANYBODY. The fair shOuters occupied
the sidewalk, the unfair" men lined up
on the curb and the sandwich man
tramped the street. Edgar Pe1xotto,
attorney for Siminoff, admitted that his
clients were probably guilty of disturb
ing the peace and thought thdI the
strikers We're also.
He believed that the officers had done
their duty in making the arrests. Ihe
attorneys on the other side were un-
willing to admit as much for their CHI
ents. Judge Mogan reserved decision
in the case, but he warned the warning
factions that they must keep the SIDE
walk clear and not interfere with traf-
fc and said that if this were not done
he would severely punish any member
of either "1air" or unfair" shouters
that came before him in the future.