Woodland Daily Democrat (Newspaper) - September 10, 1915, Woodland, California WEEKLY ESTABLISHED 1869 WOODLAND. CALIFORNIA. FRIDAY KVEN'IXO. SEPTEMBER 10. 1915 BROWNELL HEIRS CLAIM JUDGE HAWKINS ERRED IN THE McMAHAN CASE ALLEGE FINDINGS NOT JUSTIFIED BY THE TESTIMONY: BIG TRANSCRIPT ON APPEAL Within the. next few days the tran- script on appeal In the case of Mabry McMaban vs. E. B. Brownell, as ad- ministrator of the estate of Harriet V. Browuell, will be filed with County Clerk Harry The document is 757 pages long and was printed in two volumes by the "Democrat" job X. printing .department. A. R. BaldwU and Hurst Hurst are named as at- torneys for the appellant, while J. F. Bowie is counsel. A. C. and H. L. Huston are attorneys for. the respond- ent. Th'e appeal to the state supreme court is made against a decision or Superior Judge Anderson, last December 31, In which it was i stated that McMahan Is entitled to' worth of commissions and a' half-interest in about worth of property in San Francisco, as a result of a contract entered into by the late Harriet V. BrownelL Among other allegations, the heirs of the Brownell estate declare in their appeal .that the evidence introduced at the trial does not sustain the findings, that the judgment is contrary to law, and that the court committed numer- ous errors-in the reception and rejec- tion of evidence. The. McMahan-Brownell case first came to the notice of the public on May 24, 1911, when McMahan filed complaint in the superior court of Yolo county. The numerous fine points of law in- Esparto Has Right Idea About News- paper Publicity To Be BroogH Here If Ukiati Larceny Case Is It is highly, gratifying to the management of this paper to note that the people of western Yolo county, especially residents of Es- parto, have ackuokledged the ef- forts of the "Democrat" to exploit the recent Almond Festival and the great country in which the fete was given. Since last Satur- day, daily communications have been pouring into this office, and the Espartans in. a substantial way, have reminded the "Demo- crat" management that the ad- vance publicity and the complete illustrated write-up of the festival were appreciated. Should the authorities at Uklah full to convict Stanley Stiffner. formerly of Knights of grand larceny, the defendant will be haled into Yolo county to answer to a charge of for- sery. J. Marling, cashier of the First National Bank, which concern accept cd a check on which Stiffner alleged to have written the name o B. O. Shcdtl, early Wednesday evening swore out a warrant for Stiffner's ar- rest. The warrant, however, will onl> be served in case the likiah officials are unable to convict Stiffner. The defendant, it is alleged, was on parole when taken Into custody. rolved immediately attracted state- wide attention, and since the filing several weeks bad; of notice of appeal against Judge judgment, the California barristers having been eagerly watching for the appearance of the transcript on appeal. NEGRO BAPTISTS SPLIT. CHICAGO, Sept broke out afresh late last night and for the second time within the last twenty- four hours the national negro two factions of the Baptists' convention were at odds, this time apparently without hope of restored harmony. of the Teutons' vessels. BERLIN, via The Hague, Sept. The Russian center has suffered again from Teutonic battering, it was offi- cially announced today. General von Hindenburg stormed three heights'of the Kioski region and the Bavarians captured Olszanka. Scoffing at the Russian announce ment of an "important victory" be- fore Tarnopol, the war office issued a statement today declaring the czar is attempting to deceive his own peo pie in order to suppress a growing feeling of revolt "The victory' before Tor- belongs in the same class as the recent Russian naval victory in the Gulf of Riga." said the statement re- ferring to persistent Berlin denials of Russian claims of a sweeping defeat Recorder Harrison this act, by selling drugs In the vl- issneda warrant for the arrest ofjcinlty of Madison without a license. Fred Ulrich, who Is charged with vto-JRoy Jones, of the State Pharmacy feting the traffic ordinance Thursday'commission, swore to the complaint evening. Mrs. A. E. Smith and Joseph Balrd Justice Ball today rendered a decis- ion In the case ot M. N. Kirk vs. J. C. Baker, an action to recover compensa- tion for professional services 'rendered. brought suit against W. P. Womack and W. S. Baker, as executors of the estate of John Cradwick, an action to collect alleged due for services The plaintiff was .awarded the sran of (rendered the deceased. Attorneys I21S.19 and. Thomas k Thomas represent the plaintiffs. Justice; Didion is today trying the case of Edna vs. Elmer LJppIncott, a dispute possession ot half of the today filed .a horse, lit Zamora. The attorneys in demurrer and notice tor strike out. In the case are M. De Harat of Woodland and Reese Clark of Knights Valley. Attorney Theodore A. Bell, on be- John Hayes Hammond, who Is president of the National League of Republican Clubs, gives a strong endorsement to the Wilson admin- istration. In his communication to Secretary Garrison he says: 'Regardless .of politics, the peo- ple are behind you in the import- ant work you are ably doing for our national defense. Any suspi- cion as to your integrity of pur- pose is entertained by shallow minds and by contemptible politi- cians whose wish is 'father to the thoughts.' It will prove to be po- litical suicide to so-called leaders for the Republican party If they do not cordially co-operate with the administration in the matter of national defense." Baby Arnold, 3 Days Old, Scares Off Night Prowler To little Hubert Arnold, 3 old. infaut sou of City Engineer and Mrs. Arnold, must be given part credit for frightening away a burglar from the Arnold home near the city park shortly after midnight tbis morning. It was the baby's cry that caused the In- truder io leave a side window and walk to the front of the residence, where Special Nishtofficer Hoff- man happened to be taking his ev- ening jaunt. The thief espied Hoffman and fled. The officer fired three shots, none of which took effect. County School Superintendent Har- riet S. was today inspecting schools at. Hiverbank. Justice Jerome Barry came over from Washington today. II. B.' Buckingham of Wasliiustou was a Woodland visitor today. Cabin and Blacksiith Shop, With Contents Jonted Ilinrsday Morning I. McCrew suffered a loss by fire at Guinda Thursday morn- ing, wheu a cabin, blacksmith .shop and a shed, with their con- tents, burned to the ground. Mc- firevv held no insurance. The ori- gin of the fire is unknown. There !iad been no one living on the premises for two weeks. The au- thorities are investigating. The flames were discovered at 4 o'clock in the morning. The buildings were consumed In a short time. In the cabin were a number of household articles, including con- siderable bedding and a quantity of cooking utensils. The black- smith shop contained a valuable Kit of implements and tools. HTY1 Stricken with paralysis. Dr. W. H. Simpson, brother of Mrs. Roy Pike, whose husband is head of the Yolo Water and Power Company, fell down the stairs of a Riverside hotel Wed- Vienna Will Oust Dumba U. S. Note Startles AMSTERDAM, Sept. lesday evening and died shortly after- tion reisnei1 in Vienna when President ward from concussion of the brain. message demanding the re- Dr. Simpson had lived at Riverside cal1 of tlie ambassador to Washington, eighteen years. Besides Mrs. Pike, he Konstantin Dumba, was received. eft two brothers, L. J. Simpson of: As soon as Ambassador Penfield de- Oregon and Edgar Simpson of San the communication to his gov- once was an inmate of an asylum In Iowa. No search was made by the officials to establish the facts regarding his- Francisco. The body will be buried Baron Burian, Austrian for- Being without money or _ _. ,___.. Fountain did Tells Prison Officials lis Hind Was Blank en Bay of Crine David Fountain was banged this morning at Kolsoin prison. He walk- ed to the gallows unassisted. His face had a deathly pallor, but beyond that his actions were natural. The trap was sprung at 10 o'clock and lie was pronounced dead In thir- teen minutes. Up to the last Fountain maintained that his mind was blank at the time he killed the little Milling girl at Sacramento. Warden Smith spent the most of the night with Fountain. Fountain bore up well and ate a hearty breakfast His walk to the scaffold was rather brisk. Some of the spectators say that Fountain bad a cynical smile as the black cap was being drawn over him. Fountain's crime was the most re- volting ever committed In Sacramen- to. On an afternoon In December. 1914, he lured Margaret Milling, aged 10, to the basement of the German Lutheran church. After assaulting the girl he strangled her. Fountain had been hired as church Janitor from one of the city missions. Little was known of his past. He confessed the murder and plead- ed insanity. He told officials that be n San Francisco. minister, conferred at length with Emperor Franz Josef. No statement I was given out as to the result of the conference. ROBBED AT FAIR, CLAIM. i "It can definitely be say SAN' FRANCISCO. Sept. the dispatches, "that Austria will re- Ition guards today are investigating call Ambassador Duniba. It Is prob- he story of William Wilson, 2040 able that no successor to Dumba will 'wcuty-sevenlh avenue South, who be appointed at present and that he was held up by two men In Baron von JCwiedcnek. counselor off jack of Machinery Hall and robbed the embassy, will conduct its affairs if his watch and pin. at least for a time." not bring affidavits or witnesses to establish any of the state- ments he made. GET LOOT FRO! ONTARIO. Sept. blow- ers stole worth of stamps and money from the Wineville iwstoffice, six miles east of here, early today and escaped. SOLDIER SLAYER GETS LIFE. SPOKANE. Sept. H. Con- nolly, who on June 11, while a private in the Fourteenth regiment of infan- try, killed his comrade, James Ed- wards, in the barracks at Fort George Wright, has been sentenced to life Im- prisonment at McNeil's Island. THE SI1DDLE SPAN OF A RAIILKOAD BR1DGK BEING FLOATED ON BARGES INTO POSITION. Almost with the neatness of clockwork, the new 250-foot double decked railroad tons, slipped into place in the new Harlem Hirer Bridge of the. Interborough ;-'A warrant-was this' moralag Issued .for the. arrest ot one J. W. Stanley, witk TWaUaf itteerut the case of tin Irrigated Valleys Land Company vs. E. Robinson. Attor- ney Bell alleges that it is not clear In the complaint as to how the' plain- tiff will sustain- damages by the de- fendant's crop. V i draw span weighing 1400 Rapid Transit Company's Third avenue line. New York, Aug ist 22. When it was finished it was lowered to four barges. On the barges 'at low tide had been placed twenty-four sand Jacks. The sand-jack is a large box with a trap In the bottom for letting out sand. On top of three feet of sand in the box arc vertical beams supporting the weight. The whole weight of the bridge rests on a' two-foot phosphor-bronze ball.thc hardest metal known. Outside the raceway Is the .cog gear for turning It by electricity. After the pivotal bearings were gotten ready, the four barges were floated Into place at high tide and when the span was exactly In the right place, the'tracks three feet above'the level where they should join the tracks on the shore spans; the traps In the bottom of the sand- were opened and the sand allo.ved to rim out as the tide ebbed. Today's War Bulletins GAS BOMBS AT ALSACE. PARIS, Sept are attacking heavily In Alsace and the Vosges. Combining rifle fire, use of gas bombs and artillery, they are heavily as- saulting'the French. ZEPPELIN EXPLODES. AMSTERDAM, Sept The crew of a Zeppelin was 10O-. ed and the machine wrecked when an explosiom rcHltti from the cruriJar to earth at Brussels, Wednesday, according to. reports readilnf; here today.