Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-11-28

Estate or Theodore LIE ROW.


pertinent Nine of the Superior Court this
morning the case Of the estate of Theodore
lie Roy was called. In this case
there are two applications for par
tial distribution of the estate, which
is valued at 1856 600 Tee first Pc
tition filed il on behalf Of the brother and
nephew5 of the deceased, who wss supposed
to have left no ether heirs. But just before
the DAY appointed FOR the hearing of this De,
tition arrived, q second petition for partial
distribution was filed on behalf of Sallie LIE
Roy, who claims to be the widow Of the de-
ceased
This morning, when the case was called,
Hall McAllister, who with w. FL. L. Barnes
represented the second petitioner, asked for a
tIial before jury. This application was op-
posed by B. 5. Brooks, Of counsel for first
petitioners, and it was claimed that Mrs LIE
Roy had no standing In Court, there being no
showing that she had ever been married to
the deceased. she could not, he claimed,
now coma iGto Court and prevent the hearing
Of the first petition.
TIE Court held that, in case the second De-
tltioner should make out her Gaze and show
herself to be the widow of the deceased, sha
would be entitled to thrse-fourths of the
estate il it should be shown to be community
property. Therefore, in any case, the first
petitioner would be entitled to one fourth of
the estate, The Court therefore, allowed
tae first petition for distribution OF the par-
sonal property, amounting 30 about $3.50, 900, !
TO be heard, ard ordered distribution of one.
fourth Of this sum to Victor, Eugene and
George lie Roy. The frst-nam-d d, being
brother. was eiven ope-eigtth, aSd the Others, |
bling nephews OF the deceased, were given one.
sixteenth Of the personal property.
The petition OF Ssllie Hincklvy, or Saiie |
LIE Roy, will BE- heard before q iuIy, The
date OF hearing has not been set.
Industrial School Investigation.
SAN FRANCISCO, November 27.h.-This |
morning the Industrial School Committee
met to investigate the charges brought by
Superintendent Mclaughlin against S. P.
Carusi, a teacher in tie Iuduatrisl School |
Alexander Campbell AID J. f. Crowley sd.
pared for Mr.. Carusi and W. g. Burnett for
the other side. Tle first witness called for
the prosecution was ID. r. VOORHEES,, night
janitor at the institution. who testified that
Mr.. Csrusi was much liked when he first
came to the school. He was good discip.
liuaIiap, ard the discipline of the school was
improved after he went there. Last month
he heard Mr.. CaEusi use violent and indecent
language towards MIR Mclaughlin. At that
time Mr.. Carusi was outside the gate, and at
about 10 O'Clock at night. The witness said
that the boys in the school took live
ly interest in the re cut election,
having great expectations as to the effect
upon them Of The change in the city govern
ment. he stated that any ill-will among the
teachers on threatened investigation at once
made the boys unruly, and that there had
been disturbance at The school since the
trouble between Mr.. Mclaughlin and Mr..
Carusi began Only 6ue witness WIS exam-
ined this morning, and the committee ad-
joarned to 1:30 o'clock this afternoon.
Wedding in The City Prison.
SAN FRANCISCO. November 27th-Tl the
City Prison this afternoon occurred the wed.
ding Of Miss Lydia Winner and William
Welch, the runaway couple from Walnut
Creek, Contra Costa county. WEIGH, it viii
be remembered, brought Miss Winner 20 this
city some days sgo, gsmbled eff his money
a1d placed her in disreputsble house for
sbtskeeping. He was arrested for visiting .
house Of ill.fame, and the girl was booked for
being an inmate. Saturday last thu girls
father arrived, and notwithstanding thaS the
young couple wanted to marry. enacted the
role OF the unforsiving parent, ard lodged a
charge Of abduction against Welch. To-day
Mrs. Charles Dexter and the mother OF Miss
Winner persuaded the father to relent and
give his consent. The license was procured
and Justice Pennie was called in, who soon
made the pair enc in the presence OF Prison
keeper Cohen, q reporter and one or two
other favored witnesses. No cake and no
cards ~ later the wedding party fled into
the Police Court. and on motion of Assistant
Prosecuting Attorney Swain the charges were
dismissed.
A Legal Question OF General Interest.
SAN Francisco November 27tb.-Judgs
Hunt this morning, in the case of Hattie
Ewing vs. Timothy Lowney, gave judgment
for defendant for costs The case was on an.
peal from the Justices Court. The testimony
In TIE csse showed that wagon was left sc
LoWney's shop for repairs by Mrs. Ewing.
On calling for the wagon it had disappeared,
whereupon damages were sought to be re-
covered The defense claimed that they were
no. responsible for the property. judgment
for the plaintiff was given in the Court be-
low. The testimony tended to show that the
wagon had been stolen. and Judge Hunt held
that the bailiff of property left for repairs is
not responsible for the loss.
Demurrer Oyerruled.
SAN Francisco, November 27th.-In the
Superior Court to-day, in the case of Mrs.
Cotton vs.. Leland Stanford et al, Judge
Hunt overruled the demurrer of defendants,
aud they were ordered to file an answer.
Tempestuous Voyage-Veto OverruIed.
SAN Francisco, November 27sh.-Ths
vessel Emilia Schroeder, from Msvis Madra
Island. Mexico, arrived here to-day. On the
passage up the coast she encountered very
severe gale, which continued thirty six hours
sails split and the galleys washed away.
At meeting tonight Of the Board Of
Supervisors the claim of the San Francisco
Gaslight Company, amounting &c SOL, go q,
for lighting the streets for the months of
March, April, May, June and July, of the
preeent year, was passed unanimously over
the Auditors veto.
Suit for Damages-Foot IDiured-Murder
Cases.
SAN Francisco, November 27th. - The
900 suit of Diedrich Hoff man against the
City Railroad Company for injuries by being
run into by street car, is on trial before
Judge Sullivan.
This afternoon Nathasial Holland United
States Inspector of Elections. had one of his
feet badly injured by the elevator in the
Unitei States Appraisers building.
Carl Johanussen, who killed Sanders is on
trial in Department H. The work of getting
Jury is now going on.
The charge of murder against William
Fritsch. who killed his wife on the Mission
road in $780, was dismissed upon proof that
be has already been committed to the Insane
Asylum. The jury disagreed upon his first
trial.
Adjudgea Insane-yerdict OF Guilty.
SAN Francisco, November 27th.-Edwsrd
Q. McAler, aged so, a native of Prussia, and
Mrs, c. Spangler, SO ID 50, native of Ireland,
were both a5judged insane to-day and COM
mitted to Napa.
james Smith, a seaman of the Glory Of the
Seas, was fsuad guilty this afternoon of an
assault with knife on George Williams {col.
oredl. cook of the vessel Smiths defense
was that the cook like Cadet Whitaker. of
West Point, mutilated himself. The wound.
however, was too serious to convince the iury
that this theory could be correct.
Mate OF a Bark Drowned-a wrrrIed
sehooner-sesseIs sold.
SAN FRANCISCO. November 27td.-The
second mate and steward Of an American
bark lying st anchor off Goat Island. were
seen about midnight Sunday leaving the foot
of Ma.hinc.tnn strcat Ia l.. i.S..--i