The San Francisco Call and Post from San Francisco, California • Page 1

John Kendrick Bangs has written the short story which will be published next Sunday. It i called "A Venetian Day" and is worthy of the author. See The Sunday Call VOLUME XO. 79. REPUBLICANS OF SONOMA REFUSE TO AID PERKINS County Convention Decides Not to Instruct Its Legislative Delegates on Senatorship Strong Speeches of Opposition Kill Indorsement Proposed Judge Denny Wins Nomination for Superior Bench in Exciting Contest SPECIAL DISPATCH TO THE CALL SANTA ROSA, Aug.

The Sonoma county republican convention which met here today refused to instruct its legislative candidates for United States Senator George F. Perkins to succeed himself, although his record and work at Washington for the state was heartily indorsed. The matter came up on the report of the committee on platform, which contained a resolution of indorsement and instruction. J. W.

Rose of Healdsburg was on his feet immediately the motion to adopt was put and made a strong speech against the resolution. have nothing against the senator, personally," he declared, "but why give one man 'the job for eternity? There are hundreds of men as well fitted and as capable of representing the state as our senior senator, and I see no reason why we should not leave the way open for them to have the opportunity." Rose was followed by former Sheriff -Samuel I. Aljen in a ringing speech. "I do not believe in sending men to the legislature with shackles on," said he. "We elect men who have brains and a mind of their own and should give them some opportunity to use them instead of shackling them with instructions as tfc how they should vote.

How do we know what will occur by the time the legislature meets which would change, the present conditions and cause us to to have our men vote for some one A number spoke on the other but the portion referring to instruction was stricken out by consent without a roll The following ticket was nominated: Assemblymen Thirteenth district, W. B. "Whitney of Healdsburg; fourteenth district, H. W. A.

Weske of Santa Rosa. Superior Thomas C. Denny of Petaluma, to succeed himself, and Joseph P. Berry of Santa Rosa. Supervisors First district, G.

J. Bigelow of'Ei V.erano; third district, Herbert Austin of Santa Rosa; fifth district, Isaac J. Button of Occidental, to succeed himself. Delegates were elected as follows: Thirteenth assembly district State. E.

M. Norton, H. M. Le Baron, George 1 S. E.

VV. Ormsby, J. Mello, A. W. Garrett.

J. A. Walls, J. B. Rodd, 11.

i A. Richardson and E. B. Voris; congressional, G. W.

Kingsbury, Thomas Meagrher. R. J. Mott, Dr. F.

H. Phillips, M. H. E. TT.

Ormsby, E. M. Xorton, A. W. Garrett, H.

M. Le Baron and H. A. Richardson. Fourteenth assembly district State, Dr.

S. S. Bogle. Frank Muther E. F.

Woodward, W. F. Price, J. K. Smith, G.

A. Laughlln, T. Brush and N. R. Knight; congressional, Major C.

E. Haven; W. Felt W. H. Pyburn, Henry Silvershield, Alexander Bruce, John Leslie.

J. H. Weise and G. J. K.

Bigelow. There was a very close and exciting contest for the judgeships. Judge Denny was given 99 votes, while Berry received SS to C. H. Ponds 87.

A Petaluma delegate protested the vote on the ground that one vote in that delegation had been thrown out by the delegation because it was for one man only instead of two. It was learned later that this vote was for Pond and if counted would have made a tie. chair refused consider the protest, although It was made both before and after the announcement of the result. DARLOW RESIGNS AFTER TWENTY YEARS' SERVICE Union Pacific Loses Advertising Agent Known Throughout the Country OMAHA. Aug.

17. Alfred Darlow, advertising agent of the Union Pacific, has presented his resignation, effective September 1, by which time will have completed 20 years of service with that company. He leaves the railroad field to devote his entire time to personal business. Mr. Darlow Js one of the most prominent and widely known railroad advertising men in the United States.

In his two decades with the Union Pacific he has made a thorough study of the west and is an authority on the trans-Missouri country, its development and resources. He has published volumes on these subjects. TAKE PRISONER FROM SOLDIERS OF THE SHAH Bazaar Keepers Close Their Shops and Overpower Guards on High Road TEHERAN. 17. A state of excitement exists in Ispahan, which heretofore had been quiet.

The trouble has been precipitated by an attempt to exile Gadjiagra Nurulla. one of the of the constitutionalists. The residents of Ispahan closed the bazaars and sent out an armed posse, which overtoo kthe shah's men having Nurulla "They released the prisoner and returned to the city with him In triumph. It la feared by the adherents of the shah at Ispahan that there will be a repetition nTthat city of the events that have been recently occurring In Tabriz. BANKER GOES TO PENITEXTIARV SIODX FALLS, S.

Aug. George Horras, former cashier of the defunct Hot Springs national bank, was today sentenced to five years in the federal penitentiary at Fort Leavenworth. Kan. He pleated guilty to J5.000. The San Francisco Call.

INDEX OF THE SAN FRANCISCO CALL'S NEWS TODAY TELEPHONE KEARXY 86 TUESDAY. AUGUST 18. 1908 WEATHER CONDITIONS YESTERDAY West wind; cloudy; maximum temperature. SS; minimum, 52. FORECAST FOR Fair; fog In the morning; light south winds, changing to gt Page 13 EDITORIAL Tbe loral Page 6 Stage uncles from Chlco.

rage 6 A lawj-er'6 vision. Page 6 Otis makes apology. Page 6 In his Cyclopedic Penal Code of California James M. Kerr contends that the supreme court of California formulated bad law, adTOcated bad pleading and Ignored tbe doctrine of judicial notice in deciding the Schmltz extortion case. Page 1 POLITICS Republicans of Scnoma county refuse to instruct leglslatlre delegates to Tote for Perkins.

Page 1 Judge Taft says he has placed himself on record on all campaign Issues, but Is ready to discuss any questions that may arise. Page 3 William J. Eryan emphatically denies the allegation that he sold out to the Kerr of Pennsylvania faction to defeat Colonel Guffey. Page 3 Without any candidate except Superior Judge Dunne and in anti-racetrack Rambling plank, the Kood government league Inaugurates campaign. Page 3 Lynch machine forces are OTerwhelmingly defeated in San Lull Oblspo regular county convention.

Page 3 The Herrln organization is worried because of contests In tbe ranks. Page 2 CITY Tiny pet terrier of Grace Lewellyn Jones is smuggled In to wedding and witnesses marriage of mistress with no one the wiser. Page 1 Two women and father with babe In arms leap to safety from windows of burning building la Mission district. Page 14 Bank of Italy building Is opened with veritable fete of flowers. Page 7.

Four Jurors are sworn to try James Treadwell, former banker, accused of perjury. Page 3 Vincent McMurdo, a Polytechnic high school boy, mysteriously disappears. Page 14 Brigadier General Aleshlre, quartermaster general of United States army, comes to west to Inspect transport service. Page 13 Conspiracy Is charged In the Investigation In the Krager.s bankruptcy case. Page 7 The United Railroads will be asked to pay toll by the state.

Page 14 Police capture Matt Jackson, who is believed to be a bandit who held up and robbed many persons. Page 14 District Attorney Lasgdon and Nate C. Coghlan clash la court over case of Pete Claudlanes, the dynamiter. Page 14 Business block in Vaa Kess avenue Is svrept ty doing damage of $200,000 to 20 merchants. Page 2 Ferris Hart man, popular comedian, returns to city in Idol's Eye" at the Princess and receives a royal reception.

Page 14 Twelve members of the board of supervisors depart today for Lake Eleanor. Page 14 Husband of woman Juggler now playing at Orpheum sues for divorce. Page 5 Many electric lines being built In Placer county, but promoter keeps In mysterious background. Page 5 District Attorney Langdon puts experts at work on Market street bank books. Page 5 Southern Paclflc railroad announces intention to electrize the old San Francisco and San Jose road.

Page SUBURBAN Mayor of San Anselmo and Brizzolara, San Francisco coalman, are treed by wounded buck. Page 1 President Wheeler of University of California addresses students on specialization of work In college. Page 4 Many friends attend funeral of Dr. James P. Dunn, who was killed by fall from horse.

Pnjce 4 City engineer declares present signal system at the Webster street crossing is inadequate. Page 4 Councilman Mulllns will be nominated as supervisor by the republicans In fifth district. Page 4 Realty dealer files answer to wife's complaint, alleging woman neglected baby. Page 4 boys in Jail charged with causing injuries to young Chinese which may bring death. Page 5 New dean of women takes charge at Stanford and campus Is agitated over question.

Will she abolish "queening?" Page 4 State convention of Ancient Order of liibernians meets In Oakland. Pnse 4 Mayor Mott of Oakland crowns Queen Leona and turns orer golden keys of Idora park to new ruler at Aiameda county carnival. Page 4 COAST Vr! Isaac Upham, pioneer businessman of San Francisco, killed while riding a bicycle at San by colliding with auto driven by S. B. Hunkins.

Page 1 A plot to steal the Santa Barbara- Ventura senatorial district by Herrln men Is revealed. Page 3 Revelations made at Stockton are to the effect that Mrs. dv Maurier Is the half sister of tbe late former Governor Budd. Page 2 Grand council of Y. M.

I. opens In Sacramento with more than 2,000 visitors thronging city. Page 2 Private detective confesses she swore falsely against Fred Yockey. Page Steamer Aberdeen bits Eureka bar and is beached badly damaged. Page 5 EASTERN Two attacks are made on officers at Springfield, 111., by midnight marauders.

Page 1 Much new evidence Is nneartbed by district aattorney of New York 'In Asnla shooting tragedy. Page 3 Boiler in pleasure steamer explodes, killing one end injuring score. Page 5 President Roosevelt assures Filipino statesman that natives will be given more power in government of Islands. Page 5 SPORTS Corps of engineers wins first honors In tournament of national rifle association. Page 8 Chicago Americans wind their season jin Washington with a tie game.

'PagcH Sheriff of Saratoga county files with Governor Hughes bis reply to charges that he failed to enforce anti-gambling law at racetrack. Pago Premiums aggregating more than 1225,000 hung up for North Paclflc harness race and livestock circuit. Page 8 Form somersault of Jack Witt at Tbe Meadows causes suspension of C. B. Daniels, owner and trainer, and all corses la stable.

Page 8 James R. Keene's filly Mellsande wins the Demoiselle stake at Empire City, going five and a half furlongs in ,1:00 2-5. Page 8 Ketchel and Thomas are ready for their battle this evening at the Coliseum. Page 8 LABOR Retail shoe clerks have a. house warming and listen to talks by labor leaders.

Paare MARINE More cargo will be discharged from the derelict Anubis before damaged Kosmos liner placed on Page 13 SAN FRANCISCO, TUE KERR ARRAIGNS SUPREME COURT ON EXTORTION Declares Highest State Tribunal Formulated Bad Law in Schmitz Case Says Poor Pleading Was Advocated and Doctrine of Judicial Notice Ignored Calls "The Ides of March" Not Good Law and Cites Wealth of Authorities That the supreme court of California formulated bad law, advocated bad pleading and ignored the doctrine of judicial notice in deciding the Schmitz extortion 'case, is the contention of James M. Kerr, editor of the Cyclopedic Penal Code of California, just published. In support of his contention that the law of extortion formulated in what he calls "the ides of March" is not good law, Kerr cites a wealth of authorities; he also gives his reasons for disregarding certain authorities relied upon by the supreme court. The notes supplied by Kerr for that section of the penal code relating to extortion overturn the reasoning of the appellate and supreme courts of this state in their decisions in the Schmitz case. His book has been eagerly awaited by the lawj'ers of this state, and when the distribution of the new volume begins today one of the first copies will go to Henry Ach, attorney for Ruef, who ordered a copy in advance.

MERITS OF SCHMITZ CASE Omitting innumerable citations and the discussion of certain cases on all fours with the Schmitz case, the following are the notes in the new lawbook which have reference to. the merits and sufficiency of the Schmitz. indictment: 510. WHAT THREATS -MAY CONSTITUTE i EXTORTION Fear such as will constitute extortion may be induced by threat, either: i 1. To do an unlawful injury to 'the person or property of the individual threatened, or to any relative of his, or member of his family; or, 2.

To accuse him, or any relative of his, or member of his family, of any crime; or, 3. To expose, or Impute him or them any deformity or disgrace; or, 4. To expose any secret affecting him or them. History: Enacted February 1.4, 1872. 5.

IXDICT3IEXT EXTORTION BY THREAT WHAT MUST BE CHARGED In the case of People vs. Schmitz (Cal. March 9, 1908) the supreme court say: "The indictment was. Insufficient in that it did not show that the specific injury to the property of the restaurant keepers threatened by the defendant was an 'unlawful It is very clear that, to constitute the crime of extortion committed by means of any threat to injure property of the person threatened, the injury threatened, as was, in effect, said by the learned district court of appeal, must be, in itself, unlawful, irrespective of whether or not the purpose with which the threat is made is to obtain. money to which the person threatening is not i entitled." This is the law in California i since the "ides of March," but is not so considered elsewhere in' the country.

6. Legal act done for an unlawful purpose. The English house of lords, the highest law tribunal in England, has announced the true doctrine to be, that an otherwise lawful act may become unlawful when done with malicious purpose, and that the element of malice or malevolent purpose changes the legal nature of certain classes of Quinn vs. Leathern (1901), App. Cas.

495. See p. 512. 7. In the Leathern case, certain trades union men became angry with the plantiff, a wholesale butcher, and in order to Injure his business went to one of his large customers, one Munce who, however, was not under contract to buy and threatened to call a strike on Munce if he did not withdraw his custom from the plaintiff (Leathern).

To avoid the strike 'Munce withdrew his custom. The plaintiff sued the trades union for tort. The house of lords decided for the plaintiff, holding that while the defendants had a legal Tight to strike or threaten to strike, and a legal right to agree or "conspire" together to strike or threaten to strike, which would not be a true- conspiracy, yet when they with malicious purpose threatened to strike on Munce to injure Leatham's business the new element of illegal purpose -changed the lawful act into' an unlawful act. The fact that many, trades unions were banded together in. the above case in no wise affects the principle of the law; if there had been but one trades union involved and making I the threat against Munce for, the purpose of injuring, the business of Leathern, the decision would have been the same.

The principle involved in that case is directly applicable and should control, in the Schmitz case; and if applied, the result reached would have been the opposite of that announced. 8. The decision In the Leathern case is In harmony with the leading cases in this country. 9. Meaning: of, as used in paragraph 1 of above section of the penal code, qualifies: the word "injury" alone.

If the injury threatening to property Is one which the person threatened has an absolute legal right to carry out, he can not be held- to have threatened "to do an unlawful in- Jury" to the property, even though his motive making the threat -Is- to obtain from the person threatened money to which he is not- entitled. People vs. Schml tz, March 9,1908 This is not in accordance with the.doctrine in considered cases. 10. Any malicious Injury to the person or property of another is absolutely for which i the constitution of the state and the statutes give civil or criminal, or: both; outside of i the, state of California 5 the doctrine announced In" the above paragraph? is not law.

The reasoning which the court reaches the conclusion set forth is not satisfactory, and It submitted Uhat the case lof i People Ivs Hughes, by -the court, 1 does 1 not support' decision. 11. The word as the penal simply; means -without lawful without 'legal Justification; Any words or acts which are calculated and Intended to cause -an ordinary person to an injury -to his person, property! are Continued Page 2, Column 2 LURKERS FIRE ON SOLDIERS FROM AMBUSH Two Attacks 'Are Made on Officers in Springfield by Mid- night Marauders Grand Jury to Indict More Than 100, Persons for Murder in Negro Riots State's Attorney Announces He Will Prosecute AH Offenders to Limit of the Law SrECIAL DISPATCH: TO TIIE CAIX SPRINGFIELD, IlL; Aug. The presence of 5,000 troops has throttled the race war, and tonight the riotous element, unable because of bayonets to wreak their, hate upon the negroes, has turned its attention to attempts to assassinate officers and privates of the national guard. These attempts broke the tranquillity of the city at midnight.

A score of shots were fired from various sections of the city and the troops are lying on their arms, ready for emergency. One attempt to kill made by rioters was at Tenth and Edwards streets, where Lieutenant H. C' Ridgeway; of Company of the First infantry of Diagram of fatal collision of bicycle and auto in Isaac Upham (upper), who was killed, and S. Hunkins, whose runabout caused death. of Company.

A of Fourth Infantry of Bloomington, were fired upon twice from ambush. The officers were walking in the street when a bullet struck at the feet of Lieutenant Ridgeway, throwing: dust Into his. face. A second bullet struck the scabbard of Lieutenant Case. The of the, shots could not be discovered, although the soldiers scoured the neighborhood, ready to fire upon the mauraders.

About the same time at Spring and Edwards streets Privates Earl Ashley and Guy Duncan of Company of the Fourth infantry were tired upon. They were, not wounded, and attempts made by troops to find the would-be assassin proved fruitless. GRAND JURY MILL WORKS Outside of these demonstrations Springfield has, been tranquil for 24 hours so tranquil, in fact, that' Govi ernor Deneen was able, to set in motion the grand jury- machinery. He expects to indict fully 100 men for murder in connection with the lynching of the two negroes. The governor says he has the' evidence which will; send fully 100 men to the penitentiary, even if some of them do not go.

to the gallows. Under -the Illinois law it is not always necessary for a man to be present and actually assist In a murder. As a result of the; famous anarchy trial In Chicago in the 80s, a man was hanged murder, although he was two miles away, when the murder was committed. 1 G. Scott, i a white man, who; was shot through the lungsduringtthe riots Friday night, died at St.

John's hospital at 6:30 this evening. The other death was that of the three weeks old daughter i of Mr. and Mrs. Lawrence Paine, negro refugees, at Pittsfleld. The child died from exposure as.

the result of a night of flight from Pittsfleld. W. H. Bowe, chief clerk of the countjtreasurer's. office, was attacked and shot; by negroes Saturday.

morning while walking 'through the burned reported" dying at St. "John's hospital. "The state's attorney this afternoon secured' from him an.ante-mbrten statement for' use before the grand Jury. BAYONETS HOLD MOB While the mob element remains Impotent before the' bayonets of 5,000 State's Attorney, Frank. L.

Hatch and his aids, backed by and the 'chamber of commerce Springfl eld.v are prepared to secure -the indictment for of every person against -whom they can find Vevldence of guilty participation in a fatal riot. Specific evidence indict- is for presentation to the grand- Jurors. -While the root -the trouble is known- to in corrupt public administration the first effort be to give' an? object; lesson Uo; the element which lynched the negroes and indirectly, caused the death of white "men. Squads of detectives today searched houses and -i brought loot from the stores and Loper's restaurant, iwhlch will, be: used 'as jevldence: Confessions were obtained from some- of ith'e roughs underi arrest: In county jail and the i station, grand JuryAWlll work at o'clock. In to Continued on Page 2, Middle Column 1 Prominent Business Pioneer Is Killed in a Collsion HUNTERS TREED BY BIG WOUNDED BUCK Mayor of San Anselmo and Sari Franciscan Have Narrow Escape From Death SAN' RAFAEL, Aug.

But for their ability to shin rapidly up most convenient trees Jones of San Anselmo or Brlzzoiara, a -well known coal merchant of San Francisco, would now be' lying' dead at the morgue. As it was Brizzolara Is nursing a skinned leg and has, not recovered from the hour experience spent hanging perilously the limbof a small sapling under which a 170 pound buck deer waited to gore him to death as soon as he descended to the ground. A hunting party, among were M. Vivian Hoxie, a government I. boiler expert; Brizzolara, Jones.

Holmes, of the Hoge Landsdale land' company, and E. Manning, a known attorney of San Anselmo; to the Otis ranch, which Is about 20: miles from' to hunt deer 7, They traveled into. he. wi ldest part of the The were; sent; out' arid soon the sound Tof baying up the canyon told the waiting, hunters on the stands that a deer, had been; raised. A big.

buck suddenly burst through the brush and surprised at: the suddenness 1 of the. break, shot without aiming. 'The. deer went to ground and then? rose, and. llmpedVon, the canyon.

volunteered to -go down and- get the "carcass, and i as it was getting late the remainder "of party horses; and started for The two hunters -then left their "guns? by their and started the In'a short time they overtook the- buck staggering 'along' the bottom of the canyon. 1 the animal saw hunters It turned sharp in its tracks and With 's head bent downward the deer made 'direct for the? Both broke and-ran for.ttheirUives.: Just as Brizzolara dodged behind the butt of a tree: the sharp; prongs- of 'the maddened buck, caught: him in' the leg. His trousers was ripped from the ankle to above the" knee and the skin of his leg I taken off. Before v- the deer could turn and make another! onslaught against '-unarmed menj the hunted hunters -into 'different "-trees. There) they, remained until nearly, while the wounded buck stood guard'below.

In'the the remainder. 'of the party i became anxious the absence of Jones and Brizzolara and started' out to; hunt "them: midnight i they heard" faint 1 shouts i for help andi finally "located I the hapless ones In the T- trees. i iTheii buck, i still showed i fight Jand had shot fore the men could be rescued. Modjeska is. an adopted daughter of wHom'Galifbrriia" feels most proud.

Having retired from the stage, she now tells ithe romantic story of her life. See The Sunday Call DID DOGGIE LIKE WEDDING? ASKA Miss Grace Lewellya Jones Smuggles Terrier Into; Church to See Her Marriage Kathleen Thompson That a prospective bride is not at liberty to ask any and every guest she pleases to. her wedding Is certainly rather a new idea, and when the particular guest objected' to is a friend whose devotion is marked, whose and character are beyond praise, and whose beauty is commented upon wherever "she why, then it sounds rather absurd to make any. fuss about asking her, doesn't Tet only last week, when Miss Grace Llewellyn Jones was completing her list of guests for Saturday's brilliant wedding she found to her disappointment and dismaythat "Aska" could not be asked. be 'sure, black and tan terriers, however irresistible and however intelligent they may be, aren't usually formal affairs, but then, as her mistress Aska wasn't like 'The matter was discussed for days, but had 'from tlVe first.

Feminine relatives shook their masculine advisers dismissed II idea with a disapproving whistle, and even the authorities at the church referred inflexibly to the rule prohibiting dogs. OvAska, was conceded, could have a place' (and, incidentally, she did) at the wedding breakfast, could 'wear' her wedding costume of satin collar and silver, bells, could have one of the bride's first embraces but to go -to the wedding she simply and positively and absolutely, shouldn't. But she For Mlss. Grace, who is now Mrs. Robert Gibson, impressed an obliging friend and a large, fluffy into her' tolls, and bided -her -time.

"The friend; was Mrs. Clarence Smith, who as Alice. Prescott Smith is well known in literary, circles here: through her two books," "The Legatee" and "Mont Livet." On the wedding morning 'Smith drove to the Jones house In Sacramento street in a and ran "for a. moment, during which time gales of laughter came from -i the room. Mrs.

Smith down to the carriage again, she had fluffy cape of lace and chiffon I tucked under her arm. Sheentered Trinity church just ahead of the party; and' of the 12001 200 society folk not one noticed the gentle stirring of her wrap as she went up -the or heard the" little asthmatic wheeze of content with which Aska settled down In the; front pew. For.lt, was from' the and the heart of -the "family group that the tiny dog's bright eyes watched her adQred mistress through the ceremony. --Of course. Aska is only a dog, and has and this was her first so It is not surprising: that she didn't know: enough to crane her head back and bow her friends, whisper continually, comment on frocks and music, make luncheon engagements, stealthily inspect herself In tiny mirrors, rearrange her" veil, pull off her gloves, discuss other weddings, yawn, change her place and ask every 10 if.

they weren't frightfully late, -which: (as we all know) Is the only proper way to act at a' But she quietly and'amlably nevertheless. was carried in and out, absolutely undetected, which quite ''enough': to exact of. anything that weighs -only five pounds and numbers even fewer. years. SIAGOON' TO VISIT ROOSEVELT Aug.

17. response to President Roosevelt's invitation to visit him 1 at Oyster, Bay 'and discuss the Cuban situation. Governor, Magoon' will leave Havana for. New York. WILLIAM KRASSE COMMITS SUICIDE RICHMOND, 1 i Aug.

'William Krasse, thirty- third degree Mason and widely known i member "the order; committed suicide today -by shooting. 11l health the cause. PEICE FIVE CENTS. UPHAM IS KILLED IN COLLISION Pioneer Merchant and Noted Philanthropist Is Struck by an Auto While Riding Bicycle in San Jose He Is Run Down by Banker Hunkins Mistake in Turning to Escapi Car Causes Smash up and Death Follows Soon Victim of Accident President ot Agnews Hospital Directors and. Held Many Trusts Automobile Tragedies of Recent Date July 5, Santa Crna MRS.

O. SCRIELYEn. Ausnat Ist la Santa Cm Mountains MRS. FRED MARRIOTT, JAMES GILBERT, Ausm-it At Burllnsamet MRS. T.

A- MeCORMICK, MISS CLARA McCOUMICK, ROBERT IRA G. O'DRIEX JU, MRS. IRA G. Aueu.it 9th At San Bxunoi MRS. AN.VIE KMraMK.

August At Van IVesa avenue and Market streets Master Electrician C. H. JONES, Coast Artillery. Corns Senior Sersteant-Major ARTHUR H. HE YEA, Coast Artillery Corps.

Anjrunt At -'San 'Jose ISAAC UPHAM. SPECIAL DISPATCH TO THE CALL SAN JOSE, Aug. Whflc riding a bicycle in Third street today, Isaac Upham, a pioneer businessman of San Francisco, president of the board of managers of the Agnew state hospital and known throughout the state for his work in the lines of charity and education, was almost instantly killed in a collision with an electric runabout driven by S. B. Hunkins, president of the Garden City bank of this city and a pioneer known and respected throughout the state.

At the inquest held at Dr. Bangs' sanitarium tonight a split verdict was returned, seven of the jurors holding Hunkins blameless, while seven accused him of slight carelessness. According to the story told on the witness stand tonight Upham was riding his wheel south in Third street with a croquet mallet and balls In hand, while Hunkins in an electric runabout was coming north in Third street, each being on his right hand slda of the street. At the corner of St. John street a west bound car suddenly came into sight and Hunkins made a detour to west in order to pass the car.

and In doing so went to the wrong side ot the street. AUTO AND 'BICYCLE COLLIDE When just clear of the car tracks he noticed the approaching cyclist, locked his brakes, at the same time turning farther to the left to avoid Upham. who had first started to turn to his left and then turned again in the same direction that the automobile was headed. Upham attempted to get oft his machine and as his wheel struck the automobile uttered an exclamation and then fell back on the pavement, his head, striking the ground with great force. He was picked up and taken to Dr.

hospital near by. where death ensued within half an hour. Hunkins accompanied the injured to the sanitarium, and when he learned that Upham was dead broke down and The body is to be removed to the family, home at Piedmont tomorrow for the. funeral. UPHAM'S USEFUL LIFE The public positions that Upham has filled are vas follows: President of the board of education of the city of Oakland, 1835 to 1S90; president of the San Francisco board of trade.

1S90; member of the board of managers of the Agnews state hospital. 1333 until the present date; president of the Agnews asylum board from 1900 until the present time: president of the San Francisco traffic association from 1593 to 1534; director of the San Francisco and San Joaquin valley railroad company until the line was sold to the Santa Fe; president of the training home; "president of the Children's aid society; director In the and Aid society. In' addition to his interest fn these organizations he was a Mason, a Knight Templar, a Mystic Shriner and a member of the Pacific-Union cluo. Isaac Upham was born in Union, in 1837. In the spring of 1860 he sailed from New York on a steamer bound for California.

He first secured employment in this state as, a clerk -In- a store in Yuba county at a- month. A frw.