Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-12-30
LOCAL INTELLIGENCE.

the County OF Sacramento VS.. John T.
Cardwel, owner of the San Juan Grant.
which has received considerable attention
in the Courts lately, was decided yesterday
by Judge Mcfarland in favor of the de-
PENDANT. The suit was brought by the
Supervisors of the county to abate an al
legged nuisance, occaSiOned by the defend
ant maintaining gates across road lead
ing from Folsom to Mississippi Bar The
Supervisors had assumed that it was pub
lie road, and ordered the Roadmaster to
remove The gates, which he did, but Card
well replaced them, and thus the matter
came into Court. The question involved
was as to whether the public, by reason of
prescription or dedication. had a right to
the use Of the road. The Court held that
If man owned large tract of country,
unfenced, and permitted the public to travel
overit, the public, by that simple fact, did
not acquire rights as against the owner of
the soil. Ii was further found that as early
as 1865 the owners of the soil in this case
had fenced q portion of it, and put up
gates where the fences crossed the road,
and that these gates have been maintained
up to the present time, and during some of
the time they have been locked The
Court determined that the owners of the
soil never abandoned it nor dedicated to
the public the right of way, and that the
road from Folsom to Mississippi Bar is
not, and never was, a public highway.
Therefore the Court refused to declare the
gates a nuisance, as Carjwell had a right TO
maintain them.
A Missing WTSEss.-Ned Foster and C.
3. Lawrence had an unpleasantness a few
nights ago. and the latter is reported to
have been very badly beaten with revol-
yer by his opponent. He swore out war
rant, accusing Foster of battery, and the
latter was arrested Saturday Lawrence
failed to appear in the Police Court yester-
day when The case was called, and an at
tachment was ordered to issue for him
His friends claimed that he had been forci-
bly, taken from his room and conveyed
away in 4 hack Saturday night, in order
that he might be made TO leave town and
not appear as a witness. A little girl at
the place where ne lodged informed the
officers that she heard him tell the man
who took him away that he would not 90.
and that he subsequently tried to open the
door Of the hack and get out, but was not
allowed to, The police yesterday searched
for him, and also for information as to the
parties who took him away, and found a
man who acknowledged going after him,
but the man states that Lawrence Went
willingly, and waited alone in the hack
while his companion went into a store on
the other side of the street and made
purchase. He is said to be now in San
Francisco.
STOLEN PROPERTY ACKNOWLEDGEMENTS
day morning, while making some repairs,
J. Z. Sennett found beneath the sidewalk
on Second street, north of /. near Reed &
Co.'S nursery, Two gold and one silver
medal, the inscriptions upon them showing
that they had been presented by the State
Agricultural Society to John Breuncr; also
gold watch, an bride chain, with cigar
cutter attached; 4 dark-lantern, a quantity
OF fuse, and apparatus for blowing powder
into the locks of safes; also a small sum
Of money. The medals proved to have
been taken from Mr.. Breuner's safe when it
was burglarized about year ago but the
watch does not belong to him. The thief
probably concealed the articles where thew
we're found with the intention of getting
them at some future time but something
evidently irterfered with his calculations,
and he was unable to return The works
of the watch are somewhat damaged
through dampness. 1t has been ascertained
that the watch referred to above is the
property of James Touhey, and was stolen
during burglary about the same time that
Mr.. Breuner was robbed.
POLICE CoURr-In the Police Court yes
terdav the cases of Joe Habel and Gottleib
Frank, accused of grand larceny Were con-
tnued until to-day....Mike Brady. for
vagrancy, was sentenced 20 sixty days in
the County Jail......Jo Ohm Watt q drunk,
was sentenced to twenty-foUr hours in the
city jail. George r. GcSSwood and Mrs
Cess wood, previously convicted of dis
turbiug the peace at the TivUli. were each
fined 81 and costs see. The case of Ned Eos
ter, Tor battery, was continued until to-
morrow w.. Blanche Plethon and Nellie
Clark, arrested for exhibiting, forfeited
their deposits. The case of A. Paquin
for battery, was continued until this morn
ing.....W. II. Williams was found guilty of
disturbing the peace, and will be sentenced
to-day. .....George Burghort was convicted
of vagrancy, and sentenced to sixty days in
the County Jail.....Ah Sing was found
guilty Of misdemeanor, and fined $40 and
coSts.....,The case of William Watson, for
disturbing the peace, was dismissed on
payment of costs.
WANTED HIS SHARE.-There was a glove
contest at the Elite Theater Sunday night
for purse, between the Montana Kid and
Muldoon, the former being declared winner
on foul, as his opponent struck him when
he was down. About 3 o'clock Yesterday
morning officer Farrell found Muldoon in
front of the Kids residence, expressing a
determination to break in and whip him.
alleging that it had been agreed that the
purse was to be divided, and the Kid had
failed To DO as agreed. The officer told
Muldoon to 90 away, and attend to his
business later in the day, and he went.
Afterwards he returned, and the same Off
Ger then informed him that he could 20
away and stay, or 20 to the station house.
He accepted the first proposition.