The San Francisco Call and Post from San Francisco, California • Page 3

WILL OF THE LATE JAMES T. MURPHY TO BE ATTACKED Only Daughter of the San Jose Capitalist Will Institute a Suit to Break the Last Testament. His Nephews and Nieces Inflisenced Him While He Was Weak From Drink Great Legal Battle Will Result. SAN JOSE. Nov.

There promises to be a lively over the $250,000 estate of the late Jatmes T. Murphy, who died in this city several weeks ago. Nearly a score of heirs be involved. This legal battle will bte instituted by Mrs. WlUielmina Chapman, the only daughter of the deceased.

Back of her Is her mother. Mrs. Wilhelmina Murphy, who ma divorced some years ago. and who smiles approvingly upon her daughter's determination. Other parties interested are sixteen cousins, among whom will be divided one-half of the estate.

Miss Bertha Smalley, a pretty young woman of 30, who lived with Murphy for the past few years. Rlso threatens to contest the will. Murphy's death had barely been announced when trouble commenced. He mad? his home at the Lajnolle House. He had been drinking heavily for several duvs and this and heart disease were tho cause of his sudden death.

With him through, his sickness was Bertha Smalley. When the -id came Mrs. Wilhelmina Murphy went to his rooms to see what funeral arrangements had been made. She asked about his effects, particularly his gold watcb rjid chain. Miss Smalley had these and at first refused to give them up.

She finally gave them to a servant to give to Mrs. Murphy. At this juncture Mrs. M. A.

Carroll, Murphy's sister, appeajed and objected to the former Mrs. present as the chief mourner. Mrs. Wilhelmina Murphy and her daughter assert that Mrs. Carroll assumed a.

dictatorship and even objected to them attending the funeral, and instead of being among the immediate mourners they i were only allowed to occupy th twenty-second carriage in the cortege-, ana this through strategy. At the church they were kept in the background, and the daughter was not even permitted to gaze on her dead father's face. It was rumored around that the will of the deceased gave half of the property to the nieces and nephews. A lew days ago Mrs. Wilhelmina Chapman went to W.

Gill, who was the attorney for her father, and asked to see the will The lawyer first denied having it. but finally showed it to her. By it Mrs. Chapman is given one-half of the property and the other half is divided between the following nieces and ws Mrs. Ward Wright.

Misses Elizabeth Evaline, Daisy and Elena, and Martin and Patrick Murphy, children of Murphy; Mollie. Mattie, Martin fnd miani Taaffe: Mrs. W. Whittier Gertrude and -Jack" Carroll; Mrs. and dementi Argues.

This aroused the daughter and she then and there told Attorney Gill these would get none of her father "Sirs." Wilhelmina Murphy and her daughter and son-in-law, D. J. Chapman -re seen in their pretty home at 130 North Fifth street this evening. They talked readily of the case and owed there would be a battle royal I will contest my father's will," Yea I will contest my father will, Bald Mrs. Chapman, and then her mother cautioned her about talking too freely.

propose to let those people "I "don't propose to let those people enjoy what rightfully belongs to me if there is any way of getting it in law. They influenced my father when he was weak from drink, and that is how he came to make such a will. If he had left it to charities I would not have objected." Mrs. said that although her marriage had been somewhat in the of elopement her father thought a great deal of her. Only a few days before his death he had told her he intended to go into the real estate and insurance business and proposed taking D.

J. Chapman, her husband, in partnership with him. Mrs. Murphy interrupted her daughter frequently. She said her relations Murphy since their separation had been amiable, and Murphy frequently called at the house.

She is very bitter against Mrs. Carroll and the brothers and sisters of her former husband. She eaid they were arrayed against her and had Influenced Murphy. She denied she was interested in the contest. Mrs.

Murphy had expected nothing under the will as she was amply provided for. She said a diamond stud and other jewelry belonging to Murphy were missing. Miss Smalley went to San Francisco just after his death, and. it is said, she could probably throw some light on the whereabouts' of these things and other personal effects of the decedent. Mrs Murphy knew nothing about any deed's to property having been given to the Smalley woman.

"Jimmie" Murphy was the youngest son of the late Martin Murphy, a old pioneer, and at his father's death inherited one-sixth of the vast Murphy estate. At this time his share worth about $1,000,000. He was rather sporty and drank heavily. His father left a large share of the wealth in trust for him until he became 45 years of age. A year ago he came into possession of this.

The deceased was married to Mrs. Wilhelmina Murphy twenty-five years ago. Drunkenness and neglect caused her to seek a divorce, and in August. 1886. she obtained a separation.

Mrs. Murphy got a portion of the property and was well provided for. besides given $200 per month alimon- during her life. Eleven hundred acres of the Mllpitas ranch, Talued at about $110,000, has been levied upon to secure this sum. His estate now is estimated to be worth $250,000 and is in good shape.

Murphy was born in this county forty-six years ago. He was a member of the first Board of Bank Commissioners and also held responsible positions, in the banks here. SUES FOR A SHARE OF THE VOSS ESTATE Putative Daughter of the Late Los Angeles Capitalist Appears in Court. LOS ANGELES, Nov. 25.

The ancestry of Mrs. Lizzie Lauterbeek is the theme of an interesting lawsuit in Judge Shaw's court. It is a strange Ptory, and before it is fully unravel. -d Jt may be stranger still. Mrs Lauterbeek is trying establish her claim to the estate of Frederick Voss who died last February, and has Bued'Rosa the widow of the deceased, and exeevtrix of the and.

as co-defendant, has joined the latter a daughter, Pearl Voss. Mrs. Lauterbeek claims to be the child of a former mar- I riage of Mr. Voss. and avers that her came was omitted from the will by an oversight.

The pre sent Mrs. Voss, In answer to I the suit, makes the counter claim that the plaintiffs allegations are untrue; tnat she is not the daughter of Voss, and that her true name is Shoeman. Mrs. Lauterbeck alleges that Mrs. Voss made a false inventory, omitting from the list of property of deceased property valued at $5000.

Mrs. Vcss claims this as her separate uroperty, which sht acquired with earned while working as a servant-girl. The plaintiff has a romantic story. While a very young girl she had a RUito.r named Clancy. Mr.

Voss opposed Clancy's suit, principally, on account of his mother, who, he believed, i was conspiring to get hold of the property that would revert to Lizzie as I the only child. Clancy and Lizzie ran away, and under an assumed name they were married. From Clancy the girl was soon divorced, and she has since married twice. Mrs. Weiss, who has known the Voss 1 family since childhood, was on the witness-stand to-day on behalf of the plaintiff.

She said that the first time she ever saw the plaintiff the then Mrs. Voss introduced the girl as "My Lizzie." She was certain that i Lizzie was her natural daughter, for she had often heard the first Mrs. Voss tell of her birth. The fact that Lizzie the legitimate child of Voss was apparently clearly established by this witness. About $20,000 'worth of property is involved in the suit, which is being tried in the Superior Court.

MARY FIELD HONORED. Elected as the Daughter of the Phi Delta Theta Fraternity. COLUMBUS. Nov. At to-day's session of the Phi Delta Theta convention Dr.

J. Edward Brown of Columbus was unanimously elected president, but de- clined and nominated J. Clark Moore of i Philadelphia, who was chosen. The other officers were selected as follows: Secretary, Frank D. Swope.

Louisville. treasurer. H. H. Ward, Cleveland; re- porter, Hugh Mille, Indianapolis; histo- rian.

Dr. McClung Radcliffe. Philadelphia: trustees, R. 11. Switzler.

Kansas 1 City; Emmett Tompklns and Dr. J. A. Brown, Columbus; M. A.

Steams, Cleve- land. Mips Mary French Field, daughter of the late Eugene Field, appeared before the convention by invitation and read from her father's works. Mr. Field was a member of the fraternity. At the conclusion of the reading Miss Field was elected the dnusMer the organiza- tion, wlich honor she acepted In these! hope to be a good daughter to the fraternity a good sister to you all." NEVADA'S VOTE COMPLETE.

Ballots Cas 1 Soldiers May Elect Repu ii Governor. CARSON CITY, Nov. AH the State returns are in. Every candidate on the Silver ticket elected except Cutting for Superintended of Public Instruction. and, possibly, Sad er for Governor.

The majorities or plural ties follow Newlands, Congress, 2GSS; Sadler, Governor, 24; Judge, i Lieutenant 465; Howell, Secre- tary of State, llftO; 1 avis. Controller. 429; Ryan, Treasurer, 131 Kelly, Surveyor! General. 1076; Jones, Attorney General, 62; Maute, State Printer, 491; Ring, Super- intendent of Public Inst-uction, 119S; Deal, I Regent, 895; Sterrett, Recent (short 1029. The vote -of the First Nevada Cavalry arrived to-day from Honolin-i and was de- under seal in the Ktate Capitol building.

It will be turned n-er to the Board of Canvassers. The con- i i tamed Sii members and the vote taken at sea, as the ship palled from Fran- clsco on the Saturday prior to the election. I It is a matter of dispute among lawyers as to whether the vote should be It can only affect the vote on th? norship, Sadler (Silver) having bu 24 votes over McMillan (Republican). CRASHES UPON THE ROCKS. Schooner Santa Barbara Wrecked oi Geronimo Island.

SAN DIEGO. Nov. News was re- 1 ceived here this morning that the schoon- I cr Santa Barbara was wrecked on day last on Geronimo Island, thirty-five miles south of San Quentin. The schooner I was caught in a severe gale and carried lon the rocks, and. while all on board were saved, it Is understood that all the i provisions were damaged by the salt water.

When the storm abated the hole stove in the vessel's side was patched up and the schooner returned to San Quen- tin. From there the party Is returning overland to Ensenada and will arrive here I on the next trip of the St. Denis. The Santa Barbara left San Pedro on November 17 for Seammon's Lagoon and Magtfalena Bay, stopping at this port on I the way south, with C. Nagel and party, who was to examine the orchard and mineral lands lately purchased by an i English syndicate from the Hale estate in San Francisco.

Serious Charge Against the Mining City's Postmaster. VANCOUVER, Nov. According to advices received from the north to-day, the high-handed methods of the Post- master at Dawson City have brought him into trouble. He is accused of having o.n\- i lected 25 cents each on letters, cred(ting the Government wltn only 3 cents on each missive. Residents of Dawson have i long complained that they have been forced to "grease the palms" of the post- I office employes before they could even get a distribution of their mail, and the agement of the office has been reprehen- i sible from the start.

AGED WOMAN'S AWFUL FATE. Nonagenarian Falls Into c. Fireplace and is Incinerated. WALNUT CREEK, Nov. At Lafayette this morning Louise Hastings, a widow aged 00 years, fell.

into a fireplace at the residence of her daughter, Mrs. Warren Brown, and was burned to death Sale of Prescott Bonds. PRESCOTT. Nov. Word received In this city to-night thai the sale of $15,680 of city bonds had been cotisum- mated in New York.

Some months ago at a special election the issuance of this amount was authorized in view of the In- adequate supply of water for fire and i sewerage purposes. Dined With the Qusen. LONDON. Nov. United States 1 Charge d'Affaires.

Henry White, and rs i White dined at Windsor Castle with the Queen this evening and will pass the nUrht at the Castle. Ie THE SAN FRANCISCO CALL, SATURDAY, NOVEMBER 26, 1898. JAMES T. MURPHY. ASKS FOR SWIFT MAIL STEAMERS Postmaster General's Recommendations.

DEVELOPMENT OF AND THE NAVY WOULD BE AIDED BY FAST VESSELS. Better Postal Facilities Are Required, Particularly on the Pacific, Owing to Uncle Sam's New- Possessions. Special Dispatch to The Call. WASHINGTON. Nov.

25. Postmaster General Smith in his report of the operations of his department during the Jast year says: Our recent experience has illustrated and emphasized the importance of the possession of swift mail steamers capable of Immediate conversion into armed cruisers. In the further development of our naval force this factor cannot fail to receive consideration. The advancement of our commerce requires that we shall have carrying facilities. A commercial marine Is not only vital to commercial expansion.but it provides the best source for the expansion of the naval force which becomes necessary in time of war.

every point of view it is thus a legitimate I object of governmental concern, and the I adoption of practical and reasonable measures within our power for the promotion of this object seems to be dictated by every consideration of public in-1 terest. The act of 1891 invested the Postmaster General with authority to enter i into such contracts for the carrying of 1 mails on American steamships as in his Judgment will best subserve and promote the postal and commercial interests of the United States. The first fruits of this act the powerful steamers which, converted Into armed cruisers, rendered such i useful service in the war with Spain. They were employed in carrying the mails across the Atlantic and compare fa! vorabiy with the Atlantic steamers un-1 der any flag. But the act further pro-1 vided that the mail service in lines thus I created should be equitably distributed I between the Atlantic, Mexican Gulf and Pacific ports.

In accordance with this 1 provision lines have been established to ports in the Gulf of Mexico and steamers recently launched for this service, and just now undergoing inspection by a naval I officer will be available as cruisers should they be needed in a future emergency. But no lines have thus far been established under this act on the Pacific and he requirement of an equitable distributon which enjoys attention in that direction, is forced and accentuated by the rece.it expansion of American Interests on thtt ocean. Should steps be taken to ex, tenJ our flag over steamships on the Pa! cific- as it has been moderately extended on Ue Atlantic, such action will not only compy with the spirit and purpose of the existhg law, but it will naturally follow i and trilize the opening of American opportunty in that quarter. Posttiaster General Smith calls attention to the rapid and amazing the postal business in nil its branches In the last fiscal year the i gross was $39,012,618, against I in 1880, and the gross expen! diture $91,033,323, against i the numbe- of postofflces 73,000, against 43,000. V' Within this period the population has increased anout 50 per cent, while the postal business has multiplied nearly 1 threefold.

1 The estimate of revenues and expenditures for the fiscal year ending June 1900, follows: Total estimated revenie, estimated expenditures, deficiency for 1900 estimated $4,265,858. But for the i gross abuse of second class matter privileges the deficit would have disappeared long ago, and its present and promised decrease is in the face of this abuse The most marked advance In volume of money order business in the history of the system was this past year, the increase being. 17,000,000 in number and $16,000,000 in money carried. There were 28,753,412 money orders issued; face value $204,593,891. Legislation is asked for at the next session of Congress to correct the evils growing out of the practice of bidding I for star route service.

Among recommendations for legisla! tion are those to make depredations of railway postal clerks a 'continuous to provide a severe penalty for employes embezzling: or destroying newspaper mail: severer. statutes: coy' ering green goods and obscene matter; I the Issue of a' special stamped envelope of superior paper quality for, 10 cents i for greater secuiSty ar.d safety; for at least curtailing the use of postage I r.tamps as -a medium of exchange and foi allowing postmasters of the. first and second classes to pay for the spec-1 ial delivery of letters by salaried postal officials and Ito allow carfare to special delivery messengers; In the great A He often cripples where a cannon would be ineffective. PLACED UNDER CUBAN CONTROL Santiago Now Has a New Mayor. MAJOR M'LEARY RETIRES SENOR BECARDI MADE HEAD OF THE CITY GOVERNMENT.

General Wood Tries an Experiment for the Success of Which He Has a High Hope. Special Dispatch to The Chll. PANTIAGO CUBA. Nov. 25.

I Some time ago Major McLeary, whom General Leonard Wood had appointed Mayor of Santiago, requested to be relieved of his Mayoralty duties and to return to his military post. This request was granted to-day. In the opinion of General Wood, it is preferable to appoint to the Mayoralty a civilian acceptable to the Cubans, and he has appointed as Major Mc- Leary's successor Senor Recardi, an old resident. He is anxious to give the Mayor as much authority as is compatible with military Jurisdiction. The new Mayor will conform to General Wood's ideas, which are to give the i Cubans every opportunity to show themselves capable of self-government.

The first official act of the Mayor was to discharge the entire clerical force in the Mayor's office and to employ 'Cv- bans who had served in the war. He will shortly issue a manifesto to the ef- feet that he intends encouraging the city's development and giving employment as far as conditions will permit to worthy persons. He will promise to look closely to the general interests of the community and will call upon all Cubans to obey the law, and thus to i promote the prosperity of the country and to Insure the happiness of its people. General Wood has high hopes of this first attempt at civil government under Cuban control. General Wood to-day issued a notice imposing a line of $1000 upon any person promoting a bull fight and a fine of $50 upon any promoter of a cock fight.

In the case of a cock the fine will fall upon witnesses as well as promoters. OF INTEREST TO THE COAST. Volunteers Who Will Be Discharged From Service. WASHINGTON, Nov. 8y direction of the Assistant Secretary of War the following enlisted men, now supposed to be at stations designated after their respective names, will be discharged the service of the United States by their respective commanding officers: Private lorent Hoffer, Troop Fourth United States Cavalry, Presidio, San Francisco; Sergeant Daniel P.

Wells. Battery Utah Volunteer Artillery, now at Manila; Private W. J. Hanah, Company First Montana Volunteer Infantry, now at Manila; Private R. M.

White, Company Twelfth Minnesota Volunteer Infantry, now at Manila. Private James M. Wood, Astor Battery, United States army, now at the Presidio of San Francisco, will be discharged the service of me Un.ted States by the commanding officer of his station. Pensions have been granted as follows: California: Jerome Seeley, Farmersville, $6. Frederick A Griffith, Santa Rosa.

$4 to $8. Increase. W. Campbell, Riverside, $8 to $17. Original Widows, Margaret Webb.

San Simeon, Oregon: Warren B. Lamb, Wilbur, Jephtha Finney, Fulton, $8. EARTHQUAKE IN THE SOUTH. The Shock Felt in Virginia and North Carolina. RICHMOND, Nov.

Many points in South and Southwest Virginia reported having experienced an earthquake shock about 3:20 o'clock this The disturbance was felt from Nottoway County to the Tennessee line. There was the usual: preceding roaring noise. No damage is reported. FKANIVJJNSVILI.E. N.

Nov. A distinct earthquake shock was felt here i): about live minutes after 3 o'clock, Vibration was from east v. N. C. the shock was felt at It I the largest buildings in Suicide by Hanging.

SANTA QRUZ, Nov. A man named Tuttle committrri suicide on Wednesday by hanging himself to a rafter in his cabin near Boulder Creek. He was in ill health, MURDERER'S HIS PROFIT BY HIS CRIME Decision in Frank Belew's Case. DEED ENRfCViES RELATIVES INHERIT THE WEALTH OF HIS VICTIMS. Assassin's Estate to Receive Its Share in the Distribution of the Property of the Two Pr sons He Killed.

Special Dispatch to The Call. SUISUN, Nov. A novel case, involving fine legal points and the first of its kind ever tried in California, has been decided by Judge Buckles of Solano County. The question involved was whether a man could acquire property by his own crime. Judge Buckles decides that he may, and that his heirs shall receive the benefits.

The decision in part follows: Louie, Frank, Arthur, Thomas and Susie Belew were brothers and sisters. L.ouie and Susie were unmarried and each possessed estates in their own right. The father and mother were both dead. Frank was without means and possessed a family with whom, at the time, he was not living. He murdered Louie and Susie with no other apparent motive than to succeed to a portion of their respective estates, lie pleaded guilty, was sentenced to be hanged, and his execution took place in the State prison at Folsom on the 16th day of June, IS9S.

The petition for the distribution of the estates of Susie and Louie Belew asks that said estates be distributed in equal shares to the surviving brothers and to the estate of Frank Beiew. One of the brothers files objections to any distribution befe; made to the estate of Frank Belew, oirthe ground that, he having murdered his brother and sister, could not succeed to any of the estate left by them. To this objection a general demurrer tis interposed. The objection is based upon a case determined October 8, 1889, decided by the Court of Appeals of New York, and reported in (Riggs vs. Palmer) N.

E. page 188. That was a case where the grandfather made his will, bequeathing to his grandson, Palmer, the residue of the estate. Elmer, who was 16 years of age, knew of the bequest to him. For some reason the grandfather had manifested an intent to revoke this part of his will, and of this the boy had knowledge, and to prevent this being done and in order to come into possession of the residue of the estate, according to the bequest, he murdered his grandfather.

The court held that the act of murder there operated to revoke that part of the will, and that Elmer could take nothing. The statutes of succession or of descent contained no express provision by which one who murders his ancestor or one from whom he is otherwise tntitled to inherit, is precluded from inheriting or of succeeding to his victim's estate, nor does the statute which provides for the revocation of wills make the murder of the testator a revocation of the will. But the court said in substance: "The laws of New York relating to the probate of wills and the distribution of estates will not be construed so as to secure the benefit of a will to a legatee has killed the testator in order to prevent the revocation of the will." This ruling has been severely criticised by other courts of like jurisdiction on the ground that the New York court construed something into the statute which plainly the Legislature did not intend to and had not put there. It is true that the Supreme Court of Nebraska approved the rule laid down in the New York case in a case entitled Shellenberger vs. Ranson et 47 N.

W. R. 700. In that case Leonard Shellenberger would inherit or succeed to ir.s daughter's estate providing she died first, and in order that he might succeed to his daugter's property he murdered her. However, this Nebraska case was not permitted to stand as thus decided for a rehearing was granted, and, on such rehearing the court found itself and quoted the true rule in the interpretation of such statutes.

In this State the Code has provided as follows: "Civil Code, Section "When any person having title to any estate not otherwise limited by marriage contract dies without disposing of the estate by will, it is succeeded to and must be distributed, unless otherwise expressly provided in this Code and the Code of Civil Procedure, subject to the payment of his debts, in the following manner:" Then follows the order in which the estate is succeeded to, and there is not here nor in this Code or the Code of Civil Proceedure anywhere any provision that in any manner forbids the murderer from taking an estate that would otherwise descend to him. In this case I was asked in effect to so reform said section 1386 by adding a proviso thereto in about this language: "Provided, that if the heir murdered the deceased he shall not succeed to any of his estate." Or that I must say that the Legislature intended to include such a proviso. Unless this court can do this the estate of Louie and Susie Belew must be distributed in equal parts to the estate of the murderer. Frank Belew, and the two surviving brothers. In order to give the law such a meaning as Is here suggested I must first find that said section 1386 is not clear in its terms.

Is uncertain in its directions, is ambiguous and does not express fully the legislative intent. But a simple reading of the section at once brushes away all thought of ambiguity, shows the certainty of every word and sentence, and at once impresses the reader with the certainty that the full Intent of the Legislature as to the succession of property is expressed therein. Therefore, having no legislative powers whatever, and not being concerned as to the po.icy of the law, this court is unable to reach out and corral some real or fancied "legislative intent" which has been fioatine about for all these years since the adoption of the Codes, "and inject it into this section, to change the meaning, which now is clear and well defined. This is not a parallel of that where the beneflciar" in, a life insurance policy murders the assured to get the insurance. Fraud and contractunal relations are then to be considered and not the law of succession.

Much might be said on the point that to give the Interpretation sought by the objectors would add an additional punishment to the crime of murder not known to the laws of the State. But while such would be the logical result, I do not deem it necessary to discuss that point. It has be'en seen wo have only to look to the law of succession for a determination of this question. For the reasons herein stated the demurrer Is sustained. THANKSGIVING AT MANILA.

Duly Celebrated by the Army and Navy Men. MANILA, Nov. Thanksgiving day was generally observed by the Americans and the British also celebrated it as a holiday. The feature of the day's festivities was a dinner, tendered by O. F.

Williams, United States Consul here, to officers of the American army and navy. Covers were laid for thirty-four persons, and among those present were Rear Admiral Dewey, Captain Dyer of the Baltimore, Captain Coghlan of the Raleigh, Commander Lutz of the Monterey, Captain Lamberton of the flagship Ofympia, Commander Walker of the Concord, Lieutenant Commander Singer of the Manila and lieutenant Braunersreuther of the Charleston; also Generals Anderson, Hale, Mac Arthur, Reeves, H. G. Otis and Ovenshine and Colonel McClure; the British and Belgian Consuls and some representative merchants and the newspaper men. The Minnesota regiment entertained the whole of the California regiment.

The Inmates of the hospitals were not forgotten. i SEEDING A TREASURE TROVE SearcJ) io Mario CouQty for StolcQ Fortune Buried in the Early Days. SAN RAFAEL, Nov. Emile Goetz, a local cigar manufacturer, il a marked man. Every movement he makes from the time he leaves the German Hotel, where he is staying, in the morning, until he returns late at night, is "shadowed." Nor are there any thugs on his trail with sinister intent.

It is commonly believed that Goetz has succeeded in locating the cache lies buried over $50,000. the ill-gotten treasure obtained by a masked highwayman in the '60s. Goetz himself is confident that he will soon locate the exact spot, and feels certain that in a short time he will be lifted from poverty to affluence if he can succeed in getting the treasure away without the knowledge of those by whom he is being trailed. In 1856 the stage plying between Redding and Trinity station. Shasta County, was held up by three masked robbers and about $150,000 in nuggets, ingots and dust taken from a Wells-Fargo messenger named D.

Barstow. One of the robbers, a Spaniard, was captured and turned State's evidence. Adolph Newton, the moving spirit of tho trio, was captured after a running fight while trying to escape into the wilds of Eastern Oregon. The third highwayman managed to get safely away. Newton was tried ar.d convicted and sent to San Quentin for ten years.

The Spaniard gave up his spoils, but Newton, who was said to have over $50,000, the lion's share, refused to relinquish it. He was released from prison in 1866 and went to Shasta as fast as the means of transportation would permit. He was dogged by detectives, but they lost sight of him until he was again seen in Marin County, having made his way through Shasta, Tehama, Mendocino, Sonoma and Marin counties to the bay without having been discovered. One day he appeared at Donahue Landing with a mule carrying a heavy pack, but became suspicious and returned to San Rafael. He was seen to go up Reservoir Hill, back of where the West End station is now situated, leading a pack mule.

When he returned an hour later the mule had no burden. Newton went to San Francisco the same day, and on the day following killed in a water-front brawl. The secret of where the treasure was buried was commonly supposed to have died with him, but the story soon became bruited around, and for months men and boys searched the hill in an endeavor to find the buried money. Finally they all gave up what came to be considered a hopeless task. For over a score of years the incident haa lain dormant in the memory of the oldest citizen of the county.

Four months ago Goetz came to San Rafael. Nothing is known here of his previous history or what induced him to come, but during his residence he has been engaged in the cigar business. During his spare time he wanders much in the vicinity of Reservoir Hill. A week or two ago he disposed of his business, but remained in town, and many wondered why he had ceased work. In an unguarded moment he revealed the reason.

To a confidential friend he told the story of the buried treasure, and. producing a paper, -waved it in the air, with the declaration: "This Is a diagram of where the money is buried." Inquiry brought to light the facts of the robbery and burial of the treasure, and then people began to dog his movements. It was learned that he had several light instruments for digging in the earth manufactured in the metropolis and was making nocturnal visits to Reservoir Hill. Despite the greatest vigilance nobody has yet been able to detect Goetz digging for the treasure. Goetz frankly admits that he has a map of the region and thinks it Is only a question of time when he will locate the money.

He said he was entirely ignorant of the topography of Marin County four months ago, and, as the signs on the map were unmarked, did not know where to look until the region was shown him in a dream. He came to San Rafael and found the map fitted the region admirably. Where he got possession of this paper Goetz refuses to tell. SHOOTS AT WIFE AND CHILD WITH SHOTGUN Then a Liquor-Crazed San Rafael Teamster Attempts to Murder Arresting Officers. SAN RAFAEL, Nov.

Crazed by liquor and maddened by jealousy, an Italian teamster named Joseph Soldavino shot twice at his wife and daughter with a double-barreled shotgun to-night. Then he barricaded the doors and windows of his house and for nearly an hour defied the officers of the law. The frenzied man was finally overcome and lodged in Jail by strategy. Alfonso Miller, son of Mayor Miller, was passing Soldarino's house, on street, near First, at 9 o'clock, when Mrs. Soldavino and her daughter rushed out, screaming.

The husband and father followed as far as the porch and emptied both barrels of the shotgun at them. Owing to his intoxication he missed. Miller picked the fainting wife from the sidewalk, and, accompanied by the daughter carried her to a place of safety, as Night Watchman O'Brien and Jacob Miller came to the scene, attracted by the shooting. A large crowd soon gathered, but stood at a safe distance. They tried to enter the house, but Soldavino fastened all the doors and windows and savagely declared he would shoot the first man to enter.

O'Brien tried to break in at the front door while Miller endeavored to force rear 'window. The inmate opened another window and snapped his gun at Miller, but he had forgotten to reload the weapon. Both officers then devoted their attention to the front of the house Finally O'Brien made Soldavino his wife wished to speak with him, and the door was cautiously opened a Ww inches. Throwing his full weight upon the door it yielded, and O'Brien grappled with Soldavino, who tried to stab him with a butchor-knife. Miller and a number of citizens rushed to the officer assistance and the bloodthirsty teamster was disarmed.

It took four men to carry him to jail. Soldavino howling and cursing and swearing that he would have the lives of both his captors, if It required years to 84 H2r21y years ago Soldavino, who then lived at Ross Landing, tried to get an injunction preventing the North Pacific Coast Railway Company building a road to a gravel bed. He ed, and for several days stood guard with a rifle, after having torn up a number of Is Nobody dared go near him. and it was only after an injunction was issued against him and he was arrested that the road could be continued. REUNION OF CAPAY VALLEY PIONEERS Former Editor of "The Bung Out" One of the Prominent Char- acters Present.

WOODLAND, Nov. A reunion of the old settlers of Capay Valley was held in Capav on Thursday. Tbere was a large attendance. A turkey dinner was served. Among those present was S.

U. Chase, a pioneer of '45 and editor of the first paper ever. published in Yolo County. Its title, "The Bung Out," was expressive of the idea that originated such a publication and the news was permitted to run from the wide-open "Bung." Mr. Chase says its politics was Democratic, for he was "born that way," and he nailed the banner of Democracy to the masthead in the start of life, where for over sixty years he has honored and protected it.

A poem "The Mountain Maid." a late production of his, was read and enjoyed The closing speech was made by M. A. Nurse It was eloquent and forceful, and was listened to with the closest attention. A society known as the Pioneers of "Western Yolo was organized by the election of Jacob Winter president. E.

E. Perkins secretary, and Dr. T. Craig treasurer. Nixon, John Foster and John Lang were appointed a committee to prepare bylaws and constitution for its government.

Annual reunions were agreed upon for some day in October of each year. AFFLICTED WITH LEPROSY. jtfexican Woman of San Bernardino Has the Dread Disease. SAN BERNARDINO. Nov.

The announcement that a genuine case of leprosy exists in the very center of this city has caused alarm. For some time Dr. G. A. Rene, County Health Officer, has had the case under surveillance.

Finally, after a conference with two other reputable physicians (Dr. C. A. Mackechnie and Dr. S.

G. Huff), he has decided that it is a case of anesthetic leprosy. The leper is Mr 3. Tampa, a Mexican woman of the better class, living in Holeomb alley, between Eighth and Ninth streets, one of the residence localities in the city. The woman is about 64 years old.

She evidently has been a sufferer from the "living death" for seven years. The authorities have communicated with the State Board of HealTh for instructions, and If the leper hospital at ban Francisco is a State institution she may be removed thither. She is now attended by two sons and a daughter, who reside with her. GALE DOES DAMAGE IN SOUTHERN CALIFORNIA Derricks Blown Down in the Los Angeles Oil District. I.OS ANGELES, Nov.

A terrific windstorm, which began last night, did considerable damage in the oil-well district in this city, where derricks were blown down and oil tanks upset. At Pasadena the wind threw down awnings and signs and demolished some window glass, besides destroying trees and hedges. The storm ceased at sunrise. The extent of the damage- In the oil district is just beginning to be learned. Thirty-seven derricks are down and many overhead pulley wires and smokestacks.

Two oil tanks holding a thousand gallons of oil were punctured by falling derricks and the oil is running through the streets. Several houses and barns were crushed under the falling derricks. The cottage of Mrs. Romero was struck by a heavy timber which went through the roof and fell across the bed where her two children were asleep. Curiously enough, neither one was injured.

One horse was killed. Two hundred men are clearing away the debris in the district. Pasadena reported orange trees blown nearly clean in some of the orchards In the San Gabriel Valley, while the messages from Riverside. Redlands and the territory contiguous say that the damage as yet could not be estimated. Colton reported little or no damage, while from Tropico comes word that the orchards had suffered, as had also several outbuildings in that place.

SAN BERNARDINO, Nov. Wind last night blew electric wires down. The damage to the ripening orange crop was considerable, from thorn bruising and dropping. So far this season anly .08 of an inch of rain has fallen. DEAD OUTLAW NOT IGNATIUS EISLER Resemblance Is Remarkable, but the Heal Eisler Still Lives at Daggett.

SAN BERNARDINO, Nov. Sheriff Holcomb this morning released Patrick Moriarity, the alleged accomplice in the Daggett train robbery. Moriarity Immediately departed fur San Pedro. The authorities are much mystified by the discovery that the dead train robber is not Ignatius Eisler. Wells-Fargo Detective Hume located the real Eisler upon arriving at Daggett.

He looks like the deceased, was dressed as was and was about the same age. The resemblance was remarkable. When he read the account of the inquest he was angry, saying it might interfere with an estate in the old country, in which he is interested. The officers are now at a loss as to the identity of the Plain outlaw. BEAMER'S BIG MAJORITY.

Elected a State Equalizer by Over Five Thousand Votes. WOODLAND, Nov. The returns from all the counties comprising the Third Equalization district are now in, and Reamer's majority is much larger than his most sanguine supporters anticipated. On the day following the election the Republican victory seemed to be bo overwhelming that for a time it was feared Mr. Beamer had been buried beneath the avalanche.

When the returns began to come in his partisans claimed his re-election, but admitted that his majority would be materially reduced. Each succeeding day increased the size of his majority and the returns complete disclose the fact that he has made the most remarkable run of any candidate on any ticket. Mr. Beamer's tremendous majority in an off year puts him at once in the front rank of Democratic gubernatorial possibilities for 1902. His majority is 5300.

Salinas Contractor Dies. SALINAS, Nov. Wiliam Patrick Mauldine, a pioneer contractor and builder died this afternoon, aged 65. He served in a Texas regiment during the Civil War, and at the conclusion of hostilities came to Salinas, where he resided over thirty years. Ke was a widower and leaves three single and three married daughters and a son.

Mr. lost a fortune in California. 3.