Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-07
BANK CASE AGAIN POSTPONED.

DAM SAS6 hGh1N GS0if 0IN&bs
The case known under the title Of II. G.
Smith, assignee, vs. the Odd Fellows Savings
and Commercial Bank and others. came up
again in the Superior Court yesterday, and
was again continued. Judge George e.
Williams, Of Ell Dorado county, before whom
the case is to be tried--if it ever reaches that
stage of procaeding-presided. Messrs. Cat
lin & Hamburger, H. Edgerton and S. Poor
man were present, representing the depositors
contesting the assignment, and Attorney
General Hart for the Peoples Savings Bank.
Application was made by General Hart, in
behalf of H. G. Smith, the assignee, and his
counsel, Creed Raymond, the latter being
absent. for continuance.
In support CT the application, and instead
OF aft lavits being submitted, as is usually
done, it was consented that the assignee
should make a statement under oath before
the Court to be taken down by the official
reporter. The testimony was to the effect
that Mr.. Raymond had made application TO
the attorneys on the part of depositors, upon
the ground that he could not attend a trial
now, for continuance, but that they would
not consent to it that few days since the
, assignee, Mr.. Smith, met Judge benson upon
the street in this city, and informed him that
Mr.. Raymond could not be present at trial
now. and therefore wished the case post
poned that Judge benson told him to tele-
graph to Judge Williams in his Judge Den
son's) name about it, but he replied that ne
did not know where judge Williams was
that Judge benson then told him to telegraph
to HAMMOND to tell Judge Williams thai
the case is postponed, and that will confer
with him about setting another time; that
he sent such dispatch to Mr.. Raymond,
and hence he was not here.
Mr.. Poorman testified that he met Mr..
Raymond few days since in San Francisco,
and assured him that no continuance would
be consented to, and that Raymond replied
that he would be ready then for trial.
Mr.. Catlin said that he thought it very
strange that Judge benson should have di-
rected such dispatch as above to be sent,
and not to have entered continuance upon
the Court records, or said nothing about it TO
counsel. As Judge benson is now holding
Court in place Of Judge Williams, at Placer.
vile, Mr. Catlin at once sent telegram to
him there, asking what dispatch he had
authorized to be sent to Raymond.
Judge Williams concluded to grant
continuance on account CT the absence
of counsel from apparent Misunderstanding,
but made an order that the defendants should
pay $50 as costs of the continuance. The
case was then continued until May 23j, and
the Court adjourned. Soon after the case
had been continued dispatch was received
from Judge benson, in which he said, in re-
lation to his remarks to Mr.. Smith about
postponement of the case: " authorized
telegram to Judge Williams saying / did not
believe the case would be ready for trial"
MERCHANDISE REPoRT-The following
freight passed Ogden for Sacramento on the
81 instant: For Weinstock & Lubin, 2
boxes hosiery, cases boots, 2 boxes dry
goods, boxes hats; n S. Arnold & Co.,
bundles iron; w. D. Comstock, 6 boxes
chairs S. Lipman & Co, 8 boxes dry goods
J. Breuner, box dry goods Billinss!ey &
Co., 90 barrels and l bale baskets, 3 boxes
brushes, 8 cases play cards; Huntington,
Hopkins & Co., 145 plates iron, car nails, l
box and barrel carriage irons. box bolts. l
box screws L. K. Hammer. 2 pianos; Ar
mold & Flint, z boxes bolts; Locke & Layen.
son, 80 rolls paper, l roll mating, roll car
pet Capital Furniture Co., G boxes marble
traps; Holman, Stanton & Co., 13boxes knives;
c. Lyon & Co., l case dry goods; G. P. r.
r. Co., lathe, l shaft, 2 boxes machinery;
Terry McMorry, boxes olive oil Baker &
Hamilton, box and l barrel hardware A.
Dennery & Co., % boxes lamp cbimneys A.
A. Van VOORHEES, & Co., S barrels curry
combs. 3 cases hardware, l cass whips; Ad-
anna, Mcneil & c., 10 cases tomato csfsup;
H. G. Kirk & Co, 2 boxes drugs; Henry
Fisher, case liquOrice; J. NJ, Wiedmann, l
case liquorice; f. NJ. Shields, boxes ma
hardware, l package iron pipe: C.. A. d.
Gray, case cigars Hale Bros. & Co.. box
cotton goods w. A & c. 5. Houghton, 2
aoxes paper S. J. Nathan & Co l case fur
nishieg goods; L. j. Lithauer. case fur
n;shing goods.
METROPOLITAN THEATER. Nellie Boyd
company presented last evening 1.-The Mill
ionairs's Daughter" 1t was well played save
in the character assumed by l1r. Emery. He
"preached where there was call fer no
defamation, and his effort to bs earnest was
failure. II he will declaim less, and be
more natural in his delivery, ne will greatly
improve. Mr.. Hart, the low comedian,
agreeably surprised all by hi, excellent as.
sumption of the character of a digniGed old
msn. Miss Boyd was excellent as the perse-
cuted and misjudged Helen. The piece WIS
not, however, at all equal to her ability. The
lady made manifest her versatility by appear
ing as Betty Saunders in the old farce, " The
Fool of the Family" Tonight will be given
the sensational drama of g East Lynne"
AUCTION oMoRRow-Bell Il Co., auc.
tioneers, will sell tomorrow morning, at
1920 o'clock, at the residence of Joseph
Hahn, No. 11O1 FL street, between Eleventh
and Twelfth, on account of departure for toe
East all the elegant and well-kept furniture
and household goods, consisting, in part, as
follows: Two elegant walnut, marble-top
chamber sets, one parlor set OF three pieces.
one elegant pier glass, oil paintings and
chronos fac body Brussels and tapestry and
stair carpets throughout the entire house
also, one elegant walnut, marble-top side
board, extension table, dining-room chairs;
also, one fine Stewart stove, with copper
boiler and fixtures complete crockery, glass
and woodenware, garden hose, tools, etc.
TRUSTEES OF STATE LIBRABY.-The Trust
ees of the State Library met at the Capitol
yesterday. Present, Messrs. Freeman,
Belcher, Crane, Owen and Edgerton. TIE
meeting was called to order by the Chairman,
A. c. Freeman. Talbot H. Wallis, the
newly elected Librarian, acted as Clerk. Mr..
Cravens, the outgoing Librarian, made his
final report, which was read, accepted and
ordered Gu file. The bond of the new Libra
risn, with NJ Fay aud John Ryan as bonds
men, was received and the same approved.
The deputies appointed were n. E. White.
of this city, and Miss NJ. A. Patton, of Oak
land. f. +. Freeman, Of Sacramento
county, was appointed porter. Adjourned
to the call of the President.
LARGE FUNERAL-The funeral of L. i.
Mott, Jr., took place yesterday afternoon
from the family residence on street, be-
tween Seventh and Eighth. and was very
largely attended The religious services were
conducted by Rev. w. II. Hill and Rev. Car
roll Davis Among those who were present
from San Francisco were George A. Moore
and wife. Herbert Moore, j. M. Kilgaritf,
Samuel Marks, J. n. Patton, G. q. Knox,
f. B. Ryan, Robert NJ. Hamilton and JOS.
Glover. The floral tributes were numerous
and of rare design. One from the attaches
of the Pacific Mutual Life Insurance Com
pany, in the form of broken column, sur
mounted with o white dove with out.spread
wings, was very beautiful.
LAST GAME OF BILLIARD TOURNAMENT
The last game of the billiard tournament was
played last evening between Messrs. Gleason
and Robbins. The spacious billiard room of
the Union Hotel was thropged with interest