The San Francisco call., 1904-02-03

Erial in the Superior Court by Judge
Conlan yesterday on the charge of
murder. On December % he shot his
wife in the back with a revolver and
then attempted to end his worthless
life with the same weapon. The
woman died in the Harbor Receiving
Hospital two hours after the shooting,
but the man survived.
Shifty, weakened and cunning as a
coyote in face of a trap, the defendant
listened to the murdered woman's
sister as she told the story Of the
crime. Benes' wife had deserted him
in Los Angeles because She could no
longer bear the burden of turning
over her slender. wages to him in order
that he might satisfy his appetite for
drink. By fair or foul means he gain
ed sufficient money to follow. her to
San Francisco. On the train lie wrote
asletter, detailing his plans for murder
ana suicide If his wife refused to- live
with him agaim
He found her working as a cook at
the Humboldt House at 1909 Stockton
street and followed her into the cellar,
whittier she was going 10. secure some
vegetables He asked her sto live with
him again and she refused perenptor-
ily, turning away as she spoke her an
swer Then he shot and killed her and
put one bullet in his owAs neck.
Isaac Selby, in lengthy opinion
delivered in Judge Fritz's court yes
terday, overruled a. decision handed
down by Superior Judge Hebbard in
Il 70 i.,l, Cd
TO his wife some months ago. He is
an E1glishman and regards lightly the
adiudications of the courts of the
United States.
The specific charge against. him was
disturbing the peace of his wife, who
is manager of a furniture store at S12
Larkin street. When she secured a
legal separation from her husband
Judge Hebbard did pot thinks it was
necessary to make an order allowing
him to visit the three children which
We're the issue Of the marriage. En-
tirely too late Selby developed a pa
terTal love that drove him to invade
the premises occupied by his former
sxiEe and the little ones. His excuse
was that he wished to impart to His
offspring 5he beauties that lurk in Ger
man and French classics. His wife
says that he came there merely to
make trouble for her. He was con-
Victed and wilI net have an oppor-
tunity to overrule Judge Fritz's deci-
siOR in this last little matter.
90 =
Caa Zackermapn stood in his Hum
garian cafe at :29 Eddy street Monday
night waiting. for some. one to come
in and eat up the 'goulash that was
molderiRg in the oyen.s John Tuterc
witch happened along. sTutervitch had
a PACKAGE which the sMerican carga-
oOres inc Chiapas would have split. up
into eight loads aid then couldn't
have packed it over the mountains.
Tutervitoh was doing the best lie could
with it. AS he passed by the Hun
garian cafe he caught ray of mental
suggestion from. the proprietor and en-
tereo
In his sestrance he overlooked the
swinging 3doosss and. piled through
plate glass window that cost $115:. II
took three policemen, the proprietor,
two cooks and a professional glass
eater to separate cTuterviteh from the
fragments Of the window
His bail was fixed .at $3.50 by Judge
Mogan yesterday and he viii be given
a chance 70 settle the damages he in
Cured at the restaurant without
further penalty. %
Theresa Henry is wiling to accept
$1,000 from w. F. whittier. the paint
magnate and senior member of the firrn
of Whittier, CoburH & Co, in satisfac-
tion Of all damages that may have ac-
crued. 20 her in the days of her nogiti=
ATE. In consideration of that sum she
promised Judge Mogan yesterday that
she would never disturb the quietude
Of the aged paint Eealer in the future
The Judge felt hastily in his vest
pocket, but he could only find s54OT S5
and all of the r1oney was in ofmes and
nfckels. which he was holding out for
carfsre.
A subpoena bad been issued for Whit
tier, hut an attorney was present with
doctors certificate showing that the
old gentleman was entirely too i'll for
appearance in court. Miss Henry was
sent pack to the cold comfort Of a
prison cell, unpledged as to behavior,
but filled with dreams Of the $1,000 she
demands. AS she blew away in custody
&C the baliff the Judge unconsciously
began to rum 'sIn a Garden of Faded
Flowers" Somehow he likes new
music.
Mrs. bang. a winter resident in the
land Of sunshine, who has escaped the
terrors Of a Colorado winter by So
jUurring III San Francisco for the last
three months, told to Judge Mogan a
startling tale of Rocky Mountain wo-
mems conduct when they get into the
warm belt. She is the complaining wit
ness in a case against Edward Miller
/ and Archie Harris, whom she accuses
( Of stealing jewelry and diamonds to
the value of $500 from her room in a
I hotel at 316 Turk street.
On the same night she claims to have
/ lost two 500 bills, but she frankly con-
I fessed that she was so stupefied by
drink that she had no idea who took
the money. Curses on the rum.
She identified the jewelry recovered
/ by Detective Ed Gibson as being her