Evening Sentinel from Santa Cruz, California • Page 1

it Cheapest Daily Paper In the State. Newsy, Sparkling it And Bright. VOLUME V. SANTA CRUZ, THURSDAY EVENING, MAY 2, 1901. NUMBER 2SS.

LETTER FROM F. II. PARKER. THE FAIR ESTATE. THE LAST ROLL CALL.

REPORT OF THE INDEMNITY COMMITTEE HAS BEEN MADE of the decision of the Court cm this appeal, which is written by Justice t.aroutte and concurred in by Justices Van Dyke, McFarland and Ilenshaw, writing an Independent concurring opinion, is contained in the following summing up: The Court concludes that the fee to Fair's property was cast in the trustees In trust to transfer and convey to certain of his kindred; that his Intention to so place the fee stands out plainly from the face of the entire will; that no contrary intention whatever appears therefrom, and that the will must fall by reason of this prohibited trust. We are more satisfied with this result, when it is considered that a contrary conclusion would perpetuate a trust of this vast estate, probably for r. period of fifty years or more, and nlso result in a disinheritance of Fair's children. Notwithstanding a man has the rlKht under the law to make a will, still the law is riot kindly disposed to either of these things, and, if this were a closely balanced case, these threatened results would furnish a reason for a decision the other way." SUPREME COURT DECIDES TO SET ASIDE THE TRUST CLAUSE. Eighteen Million Dollar Estate to be Districted Among the SAX FRANCISCO.

May five years of litigation the Supreme Court has decided that the estate of the late Senator James G. Fair shall go to his three children Charles Fair, Mrs. Oelrichs and Mrs. Vandi rbilt, share and share alike. Under this determination the estate, which, notwith- standing the heavy draius made upon i 1...

V. r.r,trat(i,l 1 it i 1 1 1 ill tlJIS ill creased in value until it is now esti-1 thl ty-one tynewntten legal cap pages mated at SlS.OuO.OOO, will be distrib- land is an exhaustive review of the iw.ir in succession, who trap ted litigation and but a oompara- Points Out the Necessity of Distributing Santa Cruz Literature in the East. Under date of Beatrice, Nebraska, April 25th, Frank II. Parker writes as follows: Arriving here in a blizzard and remaining long enough to eNjierietice thunder and lightening storms, such as it would seem only Nebraska can produce, we feel to be in a stronger position than ever to make a comparison in favor of California and beautiful Santa Cruz by the sea, as the preferred snot in all California or tho Pacific Coast for a home, as all will testify after a trial of four seasons. My wife and I are enjoying visiting old schoolmates and renewing old acquaintances during our prolonged stay, and efforts to get the estate of my mother settled up while here, aud save a return trip and stay in this bleak and blizzard country of rough, muddy roads in the winter and sprinp, and hot and dusty with three or more days of hot winds at a time, the balance of the year.

Every one is anxious to learn of California and very few know of Santa Cruz, and ask if it is near Los Angeles or Southern California where so many went from here the past few years. There are several families going soon to Los Angeles and by pursuasion some have decided to stop at San Jose and vicinity for a comparison. All seem to be favorably poateu as to Los Angeles and Southern California and very, very few have knowledge of what Santa Cruz is, and nothing of advantages held out over the southern country. They ask, where is Santa Cruz? what resources have you? what can a man do with small means, say one to five thousand dollars? It is only the large ranchers and capitalists that make it go out there, etc. If there was a distributing agency established at all important Missouri River points and Ogden and other gateways to place before the intending settler matter setting forth our advantages and inducements it would fill a needed want in way of production, and be the means of turning the tide in our favor.

Most any reading matter has the strictest attention of the tourist, while the trip is of several days' duration, and especially over that portion of the route devoid of scenery. Santa Cruz can furnish naturally everything the eye can ask for if set forth in a neat, illustrated pocket pamphlet our resources and market advantages, productive soil, no failures of crops and without necessity of irrigation, plenty of wood and water, trout streams and bay fishing, etc. The season here is backward, the trees are only budding and seeding and'the planting of gardens begun. The farmers depend upon corn, hogs and cattle more than wheat. They have prospered the last few years with good crops and good prices and many live in town off the rentals of their farms, and farm lands, as well as property inside the city limits, have enhanced in value and rentals gone up and very few vacant houses compared to a few years ago.

The present local market is as follows: Wheat, per bushel, 60 oats, 24 corn, 35 rye, 40 hogs and cattle, 5 hay, native grass, $10; potatoes, 75 apples, $2 per bushel; flour and groceries, about the nm in California. So thp idea held out that it costs as much more to live in California is a mistake. Fuel is higher here. Hard coal for heaters is necessarily used six months of the year and stock sheltered and fed about the same length of time. The low rates made by the railroads have always been the main stimulant for a trip to California, and now there is a round trip rate of $45 from July 6th to August 31st, nearly two months.

This Is the lowest rate made for years and Just the right time of the year to visit the seashore. What is Santa Cruz doing to get an introduction to her superior advantages? We expect to return via Denver, Salt Lake and Ogden, reaching the gem city of the Pacific Coast before theTrush of summer visitors and excursion taurists. DOER REVERSES IN TRANSVAAL. I)NDON, May dispatch from Lord Kitchener, dated Pretoria today, says: "Grenfell attacked the Boers at Bergplantz. near Halvesburg, where the last Long Tom opened fire at yards.

Kitchener's scouts advanced to within 3.000 yards, when the Run was blown up and the Boers fled. Ten of them were made prisoners. "Other columns reported ten Boers killed, six wounded, six made prisoners and sixty surrendered. The British had four killed and seven wounded A Chicago man was arrested in New York for bigamy. He modestly confesses that he has so many wives that he cap't count them.

Here is a man of no account who can not count, PARIS! May l. The Foreign office has received a dispatch from Peking anouncing that M. Plchon, the French Minister, presented today the report of the Committee on Indemnity. The amount China is to pay has been fixed at I.Mj.OOO.OuO francs. How it is proposed that the Indemnity be distributed among the powers is not set forth, but, as the dispatch does not mention The Hague, it is thought the Ministers are hopeful of being able to settle the proportion to be received by each power by discussion at Peking.

PEKING, Tuesday, April 30 Marshall von Waldersee, in the letter which he sent to the Ministers today as the reply to the Generals to the views of the Ministers regarding the military question discussed yesterday by the Generals in conference, says a garrison of 6,000 men should be left at Tien Tsin and the adjoining district, Great Britain, France, Germany and Ta) an to contribute 1,400 men each and Italy 400 men. To garrison Shan Hal Kuan. France, Russia, Great Britain and Germany are to contribute 300 men each and Italy one company until the forts are razed. So long as Rny forces occupy Chinese territory the foreign military commanders must exercise the full authority of a civil administration, according to the principle established at The Hague In 1S99. The Chinese may remain in office, as In the case of Pan Tint? Fu and partly Tien Tsin.

Besides the six thousand men in the Tien Tsin district warships, which must adways be in the Pei Ho, will preserve communication with the international fleet at Taku. To allow this administration to depend in any respect on the mandarins will be an utter impossibility. Friction would arise immediately which would lead to difficult conflicts, which will better avoided. The placing of the civil administration under the military has a further great advantage. It wou'd be inconvenient to the Chinese government, which would therefore endeavor to get rid of it speedily bv the settlement of peace conditions.

the troops at Tien Tsin are reduced to 2.000 by the granting of possibly a quarter of the concessions then the question of an absolute Chinese administration may be considered. The creation of a chief command is desirable for purely military reasons, as in rases of disorder or troubles of any kind military measures would be required. These measures must take place where these troubles occur, and the authority of the commander-in-chief must also extend to the legation guards at Peking. Count von Waldersee thinks the Ministers' statement that thqre bad never been a military administration or a permanent military organization in Peking, as troops with banners could not be considered as such, to be incorrect, as his investigation shows that a strong garrison of troops was at Peking with the latest modern arms. Concerning the question of evacuation, opinions were divided.

The British, Japanese and German commanders were of the opinion that the evacuation could not commence until China has accepted the prescribed conditions and paid the total indemnities. The French commander would commence bv withdrawing ft.OOO In a fortnight and completing the withdrawal of the troops in six weeks, leaving only colonial troops here, on account of the climatic conditions. The Italian and Austrian commanders had no instructions, and General Chaffee, the American commander, abstained from expressing an opinion. General Wogack, the Russian commander, was not present at the meetings of the Generals, and Rusria was not represented. YET ANOTHER KANSAN ACHIEVES DISTINCTION.

N. Y. Telegraph. Public attention Is directed to John Olive, of Olathe, Kan. Like his better known, but none the more deserving fellow Kansan, Funston, John Olive is a man of resource, skill and I oiiai.t.Bj', Had he selected a military career, Mr.

Olive would undoubtedly have achieved as much distinction as the captor of Aguinaldo. As it was, however, Mr. Olive chose bigamy as a. profession, and succeeded beyond his wildest expectation. But recently wife No.

1 and wife No. 2 discovered the existence of each of the other, and took the preliminary steps toward landing Mr. Olive in jail. Here is where Mr. Olive developed great strength.

Instead of weakly yielding to the combination against him, Mr. Olive introduced the two wives to each other, sent them downtown shopping together, took care of the children in their absence, and had a nicely cooked dinner awaiting them when they returned. Then he calmly talked the matter over with them, and, as might easily be supposed, the bigamy charge was withdrawn the next day. SENTENCE OF AN ARSONIST. REDDING.

J. P. W. Davis, a pioneer newspaper man of the State, was Tuesday in the Superior Court sentenced bv Judge Sweeney to ten years in San Quentin for arson. Davis is a victim of liquor.

To get intoxicants he sold a barn that was not his property Chinese, and on that evening applied a torch to the building and burned it to the ground. The evidence of his guilt was conclusive. "How to lie when sleeping" bothers the rural press. Does not bother the reporters of the Examiner when other people are sleeping. DEATH OF A WELL KNOWN CHARACTER.

The Demise of A. L. Culbcrtson Recalls a Tragic Incident In the Old Veteran's Life. Watsonville Register. A.

L. Culbertson, an old resident of this city, died at the Yountville Veterans' Home last Saturday and his remains were buried in the veterans' cemetery on Monday. The announcement of the death of Mr. Culbertson, which was received by Joseph Albright, will call forth in the minds of th3 old settlers of this valley recollections of the deceased, who wa3 a strange character in his ways. For many years he lived alone in the old cottage at the corner of Calahan and Sudden streets and plied his trade as a gardener.

He was very successful in growing flowers and plants, and his flowers were always in bloom on his premises. The old man was shy in his manner, and during his thirty years' residence in this city but few men penetrated the reserve that kept his neighbors at a respectable distance. Notwithstanding hia eccentricities Mr. Culbertson was highly respected and in his lonely lot he had the sympathy of the few who knew the etrange and tragic story of his life. Culbertson enlisted in the army and fought through the Mexican war.

At the close of the struggle he married a young Mexican woman who bore him a son. When the child was a year old its parents started for California. While traveling through Arizona the Culbertsons and their party were at-' tacked by Indians one dark night. Their camp was broken up and the occupants dispersed. At daylight the survivors assembled at the ruins of their encampment, disheartened, but not discouraged.

Mrs. Culbertson and her infant were among the missing. The Indians had carried them off cs captives. The bereaved husband and father, with that energy and courage characteristic of the pioneer, assembled a few of his comrades and started in pursuit of the red skins. The rascals were followed for several days, when one morning they discovered the lifeless body of the Culbertson child lying on the trail.

Its brains had been dashed out against a rock and its body left a prey to the wild beasts. The feelings of the father, as he gazed upon the crushed remains of his son, can be better Imagined than described. After burying the child, the pursuit was renewed with vigor, and after several tloody skirmishes the mother was released from captivity. Reunited, the husband and wife pursued their journey to California, settling In Los Angeles. The hardships the mother had undergone during her brief captivity among the Indians, and the horrors she had experienced in witnessing the brutal murder of her child, undermined her health and spirits and twelve months after the tragic events related above she died of a broken heart.

Alone in the world the doubly bereaved husband sought newer scenes, and after traveling over the country he CCttlC'l in vil wherp he lived the life of a hermit until about six years ago, when he secured admission to the Yountville Soldiers' Home. Here he passed his declining years in peace, and death found him ready to answer the roll call of the dead. RAISING FUNDS FOR ODD FELLOWS' HOME. Santa Clara County Improvement Club Assists San Jose Lodgemen. SAN JOSE.

The Odd Fellow societies of Santa Clara county, assisted by the Improvement Club, have started out with fresh "vigor to raise the remaining $10,000 necessary to purchase the Wrhite tract, near Alum Rock, for the Odd Fellows' Home. 'Two-thirds of the amount was raised when a stagnation was experienced and the lodges became discouraged. This was reported to the Improvement Club last night, and that organization decided that San Jose must obtain the home by any means. The committee of the Grand Lodge, which inspected sites offered for the home In various parts of the Stale, will recommend the one offered by the Santa Clara Odd Fellows. Located near Alum Rock Park.

In a ivarm belt, no better site could be selected. It is believed the remaining $10,000 will be subscribed without delay. Santa Cruz thought it was in the race for this Home, but the Home committee never condescended to answer the letter sent it by the local committee. must be on the wrong side of the mountains, or too far from San Francisco, or something. The man who is hunting for trouble in Santa Cruz need not carry a lantern.

A word to the wise is sufficient. Those who have thus hunted have not hunted in vain. The main opinion In the case covers ui i' iirnunuL- in ivnj jiitr opinion or justice mcf arianu given former derision Is cited as the now adopted opinion of the Court. THE SUSPECT IS NOT MURDERER DUNHAM. Scores of People Who Know the Man Well Declare a Mistake Has Been Made.

SAN JOSE, May 1. It Is now the opinion at the Sheriff's office that the man brought from Wichita, is not James C. Dunham, the McGlincy sextuple murderer. This forenoon scores of people who knew Dunham intimately came to the jail and positively asserted that the prisoner Is not the long-sought-for murderer. Mr.

and Mrs. Theurkauf, in whose house Dunham lived for several years prior to the tragedy, gave explicit reasons why, in their opinion, the suspect is not the man wanted for the murders of May, 1896. Dunham has coarse hair; the prisoner's Is line and silky. Dunham had blue eyes; the prisoner's are gray. Dunham had a cowlick; the prisoner had none.

The complexion of the prisoner is different from Dunham's and he talks faster than the murderer. Other material points of difference were also noted. Deputy herirr Alarcen, who on yes- wan nnuitivu thnt tho mfln wn a Dunham, today equally positive that his lirst opinion was erroneous. Many residents of Campbell came In, and none Identified the prisoner as the man wanted. The prisoner says that he never made a confession in Kansas that be is the murderer.

PUEBLO. May 1. Charles F. Crill was formerly an advertising solicitor in Pueblo, and left here for Cripple Creek about five years ago. 'He was married while here to a Miss Schreiber.

SAN JOSE. Six murders were committed by Jas. C. Dunham on the night of May 27, 1S96. His victims were Mrs.

Hattie Dunham; his father-in-law, Colonel R. P. McGlincy; his mother-in-law, Mrs. R. P.

McGlincy; his wife's brother, James K. Wells; a maid servant, Minnie Shesler, and a farm hand, Robert Briscoe. The crimes were committed at the home of Colonel McGlincv. known as Sycamnre Farm. Dunham had been IV'II Kill on the place for about a year and a haif when he married the step.

iiauRi ic 11 ma employer. marrlaifP MrB I)unn tme hpen Rpp pf I- A Previous to am had for husband's brother? and he? final of husband was an unwelcome event to both Colonel and Mrs. McOlincy. DON'T RELISH HAVING THEIR SALARIES CUT. SAN RFR A RTlTV'O JimHoo of tho Peace Thomas and the constables of this city and Redlands do not intend to abide by the county government act passed by the last Legislature, which enlu flown thp snlnrv of TnRtlfo Thomas from S1G0 to $90 per month and the salaries of the constables from $100 to $S5 per month.

The officers feel. that the new law will not be sustained If put to the test, and they do not intend to lose any time In getting a court decision. The act went into effect April 1st, so that next Monday will be the first pay day under It. A demand will be made upon County Auditor Wagner by each constable and by Justice Thomas for warrants covering the amount of the original salary of each, and if the demand is refused, as it will be, mandamus proceedings will be brought and in this way the matter will get into the courts. Auditor Wagner, when seen.

Bald he had not been notified of any such intention on the part of the officials, but that if it was he would have no choice but to refuse to comply with the demands and follow the law until it is repealed. TEMPERANCE WOMEN IN CONVENTION. PACIFIC GROVE The fifteenth annual convention of the Woman's Christian Temperance Union of Monterey, San Benito and Santa Cruz counties opened in this city Tuesday and will continue four days. Much business of importance to this department of the State is to be done during the session, and it is therefore largely atended. Mrs.

S. J. Door of Santa Cruz is chairman of the convention. The exercises consisted of an address of welcome to the delegates by Dr. C.

L. Boe of Pacific Grove and a response by Mrs. A. M. Bowman of Several addresses were also delivered on home and school in- have expressed their intention of lm- Itv nnfl of invest- 1 i i ing largely in improvements Francisco and California.

The: effect of the decision Is to do away with the trust clause in the will and otherwise to leave the last testament of Senator Fair as it was before. By the trust clause the three children of the deceased were to receive only the income of the estate during their lives, the property being held In trust by three trustees for their children should they leave issue. Now the property will be distributed to the three children as soon as the remittitur cornea down from the Supreme Court and as soon as the usual motion and necessary proceedings can be had in the probate department of the Superior Court. Under the will about was bequeathed to the brothers, sisters and other relatives of the Senator. These bequests stand under the present decision.

In fact, they have already been paid by the children notwithstanding the latter have not received a dollar from the estate of their father. The legacies to religious and charitable societies also will be paid as soon as an order of distribution 13 secured. The long, drawn-out litigation to which this vast estate has been subjected has been very costly. To defeat the claims of Mrs. Nettie R.

Craven, who sought to establish her rights as the alleged whlow of Fair, was expended. Over $300,000 has been paid to the lawyers of Executors Angus, Crothers and Goodfellow, for their efforts to sustain the trust clause of the will. The lawyers for the heirs have received no compensation to dab, their fees lieinir contingent unon the out come of the litigation. The will of Senator Fair created as to his real property a trust of the class prohibited by the laws of California, The Supreme Court, after deciding that the trust as to real property is invalid under the laws of California, still fur- ther decides that the entire trust; scheme as presented by Senator Fair in his will, both as to real and per- sonal property, Is void. Just before the will went to probate! a bill was passed by the Legislature authorizing an action to determine the va dity of any trust contaired in a Will.

I I Kiel Ulfcll til-l lilt; BU-I dliru -U 1, trust case was brought before Judge Slack, who decided that the trust In 1 t-, i it 1 the il of Fair in so far as It afreet-, ed real Property was Prohibited by the laws of California and that property left by the will in trust must go to the tnree ennuren or Fair. The executors, or trustees, appealed to the Supreme Court from this decision. The Supreme Court, In the decision handed down yesterday, the main opinion being written by Justice Garroutte, Jurtio" Vr. Dylic and Ilenshaw concurring, sustains the decision of Judge Slack in every particular. Justices Harrison, Temple and lleatty dissented.

The majority opinion concludes; "In view of the decision this day rendered in the matter of the estate of Fair, San Francisco No. 1491, wherein it is held that the estate passed to the heirs by succession by reason of the invalidity of Fair's will, we find no practical reason presenting itself why the appeals in this case should be considered in extenso upon the various matters presented by the counsel in their briefs. The decision in the estate of Fair is to the effect that neither the trustees, nor the beneficiaries take any estate by Fair's will. This being so, the judgment rendered In this case should be affirmed, and It Is so ordered." Justice Henshaw, in his concurring opinion, has the following to say relative to trusts: "For reasons amplified In the preceding opinions it seems apparent that the failure of the trust to convey defeats the testator's trust scheme. It leaves the whole beneficial interest and the whole reversion in his children living at the time of his death, a result essentially and radically at variance with that which he sought to accomplish.

The consequence, then, in these particulars Is the Fame as though he had died intestate. The property will descend to his heirs at law. as provided by the rules of succession in this State, so that those who are the immediate and direct offspring of his blood will succeed by Inheritance." After the upsetting of the trust clause in the lower court the will of Senator Fair was admitted to probate. Four months later his three children petitioned Judge Slack to issue an order of distribution to them of all the realty. This was done, and from that decree tho executors annealed to the Sunreme Court.

This case is generally desig- fluences and on the training of chil-nated as the "appeal from the decree Jdren from the standpoint respectively of distribution." The essence or pith of parents and teachers..