Sacramento daily record-union., 1881-03-11
CASE DISMISSED.

1
more familiarly known as the "black book :
case. was resumed. Before the Court an
nounced its decision upon the motion of coun-
| sci for defense to dismiss, which was raised
and argued the evening previous. the District
| Attorney moved dismissal on the ground
| that the evidence was at variance with the
| allegations in the information, caused by the
fact that no copy of the book had been pro-
cured, and its contents were largely unknown
at the time the information was drawn. The
motion of the District Attorney was granted
and the trial abruptly brought to an end. As
soon as this was done Mr.. Spear demanded
of the Court the book which had been offered
in evidence, claiming that it belonged to the
Protective Association. The Judge replied
that he had nothing whatever to do with the
matter, but that the proper disposition to be
made Of the book, SO far as the action OF the
Court or its officers was concerned, was TO re-
turn it to the party who had it in his posses
sion and offered it in evidence. which IN this
case was the District Attorney. 1t was so
disposed Of, whereupon notice was given by
Mr.. Spear and his associates that an action
to recover possession of the book would be at
once instituted.
In this connection, the examination of
George w. Maxwell for libel viii take place
in the Police Court to-day, upon the same
charge as that upon which Spear was placed
upon trial and it is probable that the ques-
ton of liability for the publication OF such
reports or books and furnishing them to men,
bers of the Union will yet be fully tried IN
the Superior Court. 1t is understood that
the parties at the head OF the Protective
Union are desirous that the matter should be
decided. The counsel for defense take the
ground that tie Protective Union stands pre-
cisely upon the same grounds as X. u. Dun
& Co. and other similar commercial agencies,
aud that if the proprietors OF the
Protective Union are liable on the
charge of libel, then all the commercial
agencies are likewise liable. They express
confidence that the Union viii be classed
with the regular commercial agencies IN this
regard, and that the lists published by it, and
which are placed only in the hands of men,
bers of the Union, and who are required, as
they state, by written contract not to permit
any one to see or have access to such reports
but members of the Union, viii be regarded
by the Courts as privileged communications
in the interest of dealers and sound financial
transactions. There are a large number ef
this class of Unions or Associations with
which more or less of the business community
are interested and the question now being
raised against the Protective Union viii
therefore be regarded with interest.
AMONG THE PEACH TREEs.-A few days
since the agent in charge of the barge Cen
tennial, having discharged her cargo of lum.
Der at this place, took the economical way of
getting her down the river to Clarksburg by
allowing her to float down with the current.
Upon reaching the Fern break the current at
that point was so strong out of the river
+lah h-oa l. hat he ho- n
into it. When the party in charge saw the
situation rope was secured to a tree. with
which to tie up the wayward-inclined clipper,
but it failed of its purpose until the barge
had got through the break and out among
the peach trees, nearly on the Fern premises
Here it held to the hawser and prevented
further excursion inland. The next morning
the Apache on her way up discovered the
distressed condition of the Centennial, and
attaching to her with a tow-line drew her out
into the river again. That was not as extern
sive an inland trip as the steamer Gem made
during the flood of 1862, when it got drawn
through the break at Rabers tannery, above
Sacramento, and ran about quarter of
mile out upon the plains before it got
aground, as will be remembered by those who
resided here at the time. 1t remained there
until the water had fallen and disappeared
from the ground, when it was raised with
jack-screws and carried upon temporary ma
rine ways to the river bank, and there re-
launched. It was one of the best steamers
upon the river at the time, and was of the
regular line running to Red Bluff.
SOUTH SIDE OvERFIow.-Actionw was taken
yesterday by Trustee Davis to stop the water
running out of the Burns slough channel
from north of Y street, down over Tenth, to
be pumped out at Y street. Five hundred
sacks of earth were placed along the west
bank of the slough channel at the lowest
spots between Il and Y streets which will
have the effect to keep nearly or quite all of
the water in the channel and cause it to be
discharged through the opening at the Y
street levee at Sixteenth street, where there
is a good strong flow outward. This is much
higher ground than at Sixth street, and the
discharge of Burns slough is not, therefore,
shut off by the higher water which exists on
the south of the levee at Sixth street. The
water having become SO low on this side
where the pumps are operated that the water
had to be raised between four and five feet to
discharge it over the levee, openings have
been made through the levee and the dis.
charge fumes lowered three feet, which will
enable much more efficient work to be done
Much less power will be required to run the
pumps, and o corresponding increase of
velocity will thus be attained. The water on
this side of the Y-street levee at Sixth street
has now. fallen so as to be within the canal
banks, and very rapid current toward the
pumps is caused in the canal by the rapid dis
charge over to the south side of the Y-street
embankment
PROPOSED ENCAMPMENT. measures
are being taken at Grass Valley and Nevada
City to procure the encampment of the First
Artillery Regiment at Glenbrook Park in
July next, which proposed encampment has
heretofore been mentioned. A meeting was
held by the Nevada Light Guard on Monday
evening last. in this behalf, at which letter
from Col. Raymond was read, stating the
pleasure and desire of the regiment to hold
their encampment at that place if arrange
ments as to the necessary funds for expenses
could be made. A committee, consisting of
G. s. Hupp, G. Won Schmittburg and
/. J. Rolfe of Nevada City, and John F.
Kidder, NJ. BYrne, Jr., and E. E. Appleton
of Grass Valley, were appointed to make a
canvass for the purpose of raising the 81, 900
required of them to insure the encampment.
General Stoneman, it is said, will be present
at the encampment should it be held there,
aud General Upton has sjgni6ed desire also
to join the mountain campers Governor
Perkins, the Adjutant- General and other
general officers of the State military, it was
represented at the meeting would also pay a
visit to Glenbrook on that occasion.
THE POLICE COURT JUDGEsH1p. The case
of G. Haines against w. A. Henry for pos
session of the Office of Police Judge, under
claim from the election held last fall under
call of the Board of Supervisors, was decided
by Judge benson yesterday in the Superior
Court. The respondent was represented by
II. Edgerton, W. 3. g. Brown and W. a.
Anderson, and the complainant by S. S.
Holl. The invalidity of the claim of Dir.
Haines, which was claimed by his opponent,
was raised by demurrer. This was argued
aud submitted some time since and yesterday
sustained by Judge benson. who decided that
under Article 22d of the Constitution and
the Interpretation given by the Supreme
Court in the case of Barton vs. Kalloch,
Judge Henry is in legal possession of the
office during the term for which he was
elected. It is probable that the case will be
taken to the Supreme Court, but it is under
stood such course has not yet been definitely
decided upon.
PERsoNAL.-Alvinza Hayward and o. Fl.
Hobart passed through to the Bay yesterday.
Zack Montgomery of San Francisco went
through to Nevada j. Markell, proprietor
of the Union and Fremont Railroad dining
IT, al laff