Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-07-15
THE DAILY REC0RD-UNI0N.
LOCAL INTELLIGENCE.
THE CEMETERY CASE.

The case OF Feronlca Miller against tne
city of Sacramento, which has been dragging
its slow length along in the Superior Courts
for the past four years, came to trial yester-
day, and was decided in favor Of the city.
The testimony given upon the trial showed
the facts to be that at the time of the death
of George Miller, her husband, in 1870, his
remains were buried, as Was supposed, upon
a lot owned by the plaintiff and for which
she held cemetery dsed, in which was de-
scribed slot two" of certain plot. A few
wears afterwards Mr.. Bryant purchased lot
three Of the same plot from the city, and upon
examination it was found that the remains CT
Miller had by accident been inferred within
this lot instead of upon lot two, as sup
posed. Mr.. Bryant then applied TO
the Superintendent of the cemetery. and
the latter, finding that the mistake had been
made removed the remains to another part Of
the cemetery, where they were renterred.
Upon ascertaining this fact Mrs. Miller
brought suit against the city, claiming
$4,000 as damages.
The case was tried before Judge Clark and
jury, the plaintiff being represented by G.
Il. Jones and Ed. Nj. Martin, and the city by
A. P. Catlin, w. A. Anderson and ID. A.
Hamburger. Upon the conclusion Of the
testimony and argument of counsel, the
Judge reviewed the evidence in the case and
then instructed the jury to render a verdict
in favor of Inc city for the reason, first that
even If the act of removing the remains flom
lot two wss unlawful, there was no evidence
that the act was authorized by the city au-
thority-the Board of Trustees and second
that the Board of Trustees had the right and
authority to make such removal under tho
circumstances, if they saw fit to do SO.
The iurV therefore rendered a verdict in
favor Of the defendant without retiring
from the jury-box. Counsel for plaintiff ex-
cepted to the instructions of the Court. and,
it is understood, viii appeal the case.
The Superintendent Of the cemetery, be-
yond the reasons stated by the Judge, claims
that he had full authority to make the re-
moval, from the fact that by Section 2 of an
Act passed by the Legislature in 1862 relat-
ing to the City Cemetery OF Sacramento, it
is provided as follows If any body or
bodies have been, or hereafter shall be in
tered in any part OF said cemetery designa-
ted on the official map or plan as lot, the
purchase money Of which shall not be paid
within thirty days after the passage of this
Act, in cases of interment hereafter arising,
the Superintendent of said cemetery is hereby
authorized and required to disinter such body
or bodies and renter the same in some other
part of said cemetery"
section, inasmuch as los in which the re-
mains were originally inferred, was not owned
or paid for by plaintiff, he had fall power to
make the removal and he did so.
REPORT OF WoUNDs.-A copy of the re-
port published by Surgeon-Generai j. K.
Barnes, U. S. d. in November. 1865, giving
summary of the leading surgical cases re-
ported during the war, is in the library of
one of the leading physicians in this city.
That portion of it reciting the cases of gun
shot wounds of the abdomen is Of special in
terest just now by reason of the anxious sus-
pense existing and the probabilities Of re-
covery in the case of the President. 1t says,
"Of 2,707 gunshot wounds of the abdomen
reported from the beginning of the war to
July !, 1864. there was 2 164 flesh
wounds, and 543 eases in which the
peritoneal cavity were penetrated or the
abdominal yiscera injured. Among the
flesh wounds, III fatal cases are re-
corded, which were in most instances cases
Of slougkiug from injuries of the abdominal
particles by shells. OF the 54S penetrating
wounds the results have been ascertained in
414 cases, and were fatal in SOB, or a per
cent. The number Of recoVeries is unexpect-
eddy large, but includes only cases in which
Eile reports HiuHtN tBu IiSS- lbL liltO biiC
abdominal cavity had been involved. Gun
shot wounds Of the liver were usually followed
by 5xtrsvasation into the abdominal cavity
and rapidly fatal peritoHitis. OF 50 cases in
which the diagnosis was urquestionable. all
but four terminated fatally The physician
in whose library the above report was found
remarked, "Of course we do not know the
precise nature Of the Presidents wounds"
FIRE YEsTERDAY.-An alarm of FIRE was
given at box %, Seventh and G streets, yes
terday morning at about 10 o'clock, by reason
Of dense smoke seen in the vicinity of
Eighth, between II and 1 streets, which
proved to be at thu house occupied by Mrs.
A. Ct. Gardner, and which IS the property Of
John Killiiia. The fire originated in bed
room, from little boy setting IRE to mos
Quito bar, and bed and some OF the furri-
ture were burned; but the fire department
responded go qlCkly, and worked with such
effect, that the flames were confined to one
room. The damage to the building was
SLIGHT. and is fully covered by insurance in
the Liverpool. London and Globe Company,
of which w. p. Coleman is agent. The loss
of Mrs. Gardner in bedding and furniture
was estimated az $50 upon which there was
10 insurance. The damage would no doubt
have been much greater but for the early dis
covery OF the fire by Miss Jennie Lindley
and Miss Hannah Hanson, who were driving
past the place and saw the fire, when the
former Immediately proceeded to the nearest
box aud had the alarm giver.
OpD FEILows' BOARDS. - The annual
meeting of the General Board Of Trustees of
the I. o. o. +. was held night before last
and organized by electing George II. Jost
President; William II. Sherburn, Secretary /;
Samuel Smith, Treasurer. The stockholders
OF the Odd Fellows Temple held meeting
subsequently,, and elected these Directors
% the Association for the ensuing year. Geo.
II. lost. Y. W. Robbins, w. II. Sherburo,
Samuel Smith, T. L. Ellis. II. Z. Nielsen,
Ed NJ Martin, w. d. Stalker, William
Schwartz. w. B. Davies and S. NJ. Kefer.
The Board thus elected, organized as follows /:
George II. Jost was chosen President; w.
3. Davies, Secretary, and H. b. Nielsen,
Treasurer. The stockholders Of the Odd Eel
lows Association also met, and elected Di-
recto.s as follows: n. w. Robbins, w. II.
Sherbnrn, Samuel Smith, William Bsckman,
". B. Davies, Z. J. Croly, w. c.. Fetch, c.
w. Siddall and S. NJ Kiefer. This Board
subsequently elected Samuel Smith its Presi-
dent; w. b. Davies, Secretary, and William
Beckman, Treasurer.
The RIvER.-Nine feet aud FIVE inches was
marked by the river at this point yesterday
Captain Foster reports that the water in the
Sacramento river above the mouth Of the
Feather river is unusually low-lower than
the lowest point reached last year-aad that
it is with difficulty that even Jscinto will be
reached by boats the remainder Of the low
water seIson. The Feather, Yubs and Amer
can still keep up from melting SHOWS. which
has kept the water higher here. but very low
water is anticipated.
COUNTY ASSESSMENT ROLL. Notwith-
standing the State Board of Equalization
extended the time for the County Assessor
until the 18Th inst in which to complete his
books, or assessment roll, the work was yes
terday go far advanced that the roll will be
turned over to the Board of Supervisors at
10 A ". to-day, who viii meet at that hour
as Board of Equalization. The Board will
continue its sittings FROM day to day in that
capacity, Sundays excepted, until the Ssh
day Of August.
Coon COLLECTING. Deputy County AS
sessor n. J. Toll, who has the assessment Of
personal taxes Of one of the two districts into
which this city is divided, bad last evening
collected the tax of al persons in his district
except five, and these he stated were respon-
sible persons, and could pay before 10 4. ".
to-day.
did He LIE, OR TELL THE TRUTH