Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-12-14
LOCAL IgTELLEGBNCE.
The Reed Case,

The Reed Case,
The circumstances of the charge against
N. D. Reed. for obtaining a promissorv
note from Samuel burlington and Lincoln
burlington, residents of Brighton, upon
false and fraudulent representations have
heretofore been mentioned in the RECORD
UNION. The case has been on trial in De-
partment One of the Superior Court before
jury Tor two days, the prosecution being
represented by Ii. L. Buckley, District At
torney, and w. A. Anderson, City Attor-
ney, while defendants counsel are Henry
Edgerton and L. NJ. Swain During the
hearing OF this case several important and
halr-splltting questions of law have arisen.
The first was, that no public offense is
shown by the Indictment as the note alleged
was not property" within the meaning of
the law, and that it had no commercial
character until after delivert-thus in the
hands of the burlington bows, was not
property. The Court overruled this OBJ
lection, holding that the Codes declare that
anote Is property. 1t was then sought b.
the prosecution to introduce testimony of
similar acts of the defendant in obtaining
notes from others than the prosecuting
witness upon the same character of repre-
sentahons, though not the same as made to
the Purringtons. The counsel for the
prosecution in this offer invoked the ruling
OF the Supreme Court in the case of the
People VS.. Gray % W. c. R., 69). The
Court, after hearing the arguments, decided
that the offer made does not come within
the rule laid down in the People VS.. GRAY,
and excluded the testimony. The next
stumbling block which the ingenuity of
counsel threw in the way of the prose
cution was the fact that the indictment
charged the PromiSsory note obtained to be
the property of Samuel burlington, while
the evidence disclosed that it was the Joint
note of Samuel and Lincoln burlington.
and therefore claimed that there was fatal
variance between the allegations and the
evidence. In reply to this counsel fer the
prosecution claimed that this averment
does not fix the crime, and that the gist of
the otfense are the false and fraudulent
representations by defendant, and that the
evidence showed that Samuel burlington
had been defrauded, therefore it mattered
not, as far as the case is concerned, whether
Lincoln had also been defrauded, and that
the ottense alleged had been shown and is
included within the indictment This
point arose upon instructions offered by
she-detense, and being new question as
Tar as the charge of obtaining property
under false pretenses is concerned, the
Court took the matter under advisement
find that the instruction offered is legal
and proper it will probablya end the case so
far as the present indictment is concerned
and wIl prevent a verdict upon the merits
or facts of the case. Should the Court
deny the instruction the case will be given
to the jury this afternoon upon its merits.
PREPARING FOR TIE EXoDUs.-The Chi
nese residents Of this city exhibit great I'M
easiness, and are anxious as to the outcome
of the present anti-coolie movement. Chi
nese gardeners in the neighborhood have
refused to lease land for the coming season.
and are preparing to be ready to leave
when the expected command, The Chi
nese must &C" is given by committee,
backed by sufficient number of whites. to
insure its enforcement. The Gazette of
Saturday says The Chinese in Gait and
vicinity have purchased not less than three
dozen of Smith IL Wesson' latest improved
reyolvers during the past few months from
our local merchants. Since the Washing
ton Territory massacre Cinnamon are arm
ing themselves to the teeth The Chinese
population of Folsom, says the Telegraph.
IS about equal to its white population. In
the event of a war of races it is doubtful
which would be the first to order the other
10 vacate.
A Boat RACE ON THE RIvER-The Ma
rysville appeal, in its issue of yesterday,
says Arrangements were completed last
night for one of The grandest rowing races
that ever took place on the coast. The race
is 10 be for 5000 a side, and the course is
from Marysville to Sacramento. The con-
teStants are Dan McCrate and James Nc
Cabe on the one side, and Walt Chambers
and James Bennett on the other. The race
will take place on Monday, December Dist
Twenty dollars forfeit was put up last
night to be followed by supplemental
one later. The contestants are all in fair
form at present, but will 90 into immediate
training TO enable them the better to stand
the immense strain on muscle and endur-
ance which the contest will call for. All
are experts with the oar and have won
more or less local fame The announce
ment has created quite sensation in sport
ing circles.
BOLD THEFr.-About 6 o'clock Saturday
evening a man entered II. Wachhorst's
iewelry store and asked TO be shown some
silver watches. He was accommodated.
and while looking at them he remarked
that he must buy Christmas present for
his old woman and requested that q GER
tain clock be shown him Mr. Wachhorst
Immediately seized one of the watches and
ran out of the store. WachhOFst pursued
him nearly to the corner of Fourth street.
when the thief turned toward | street, and
then, remembering that he had left the
store unguarded, and that a confederate of
the thief might be operating there during
his absence. he FASTENED back. and the
grabber of the time-piece escaped with his
booty.
CITY BOARD OF HEALTH-A meeting of
the City Board of Health was held Saturday
evening at the office of DR.. Lame. Pres
ent, Drs. Cluness, Bruno and Nichols. City
Trustee Jones was present and Joined in a
discussion of the proposed ordinance rela-
tive to the construction, regulation and
ventilation of cesSpools. vaults and drains.
The ordinance was completed and is now
ready to be presented to the first full meet
ing of the Board of Trustees. Health Off
Ger Ferral reported that he had attended TO
165 nuisance cases during the month of
November. Dr. Parkinson, CITY Phvsi-
clan, reported the number of cases attended
by him in that capacity to have been 1O1.
J. n. Herndon, Cemetery Superintendent,
reported % deaths during the month.
THE Silver Stars" will give an enter
tainment for Calvary Church at Turner
Hal on Friday evening, December 18th.
There will be military drill, for which the
young ladies have been in training. Also.
statuary, tableaux, music, Dame History's
Peep-show, etc. Admission, 25 cents
children, 10 cents.