Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-04-13

cNEcE IN SOlhl.
Albert NJ. johnson, of counsel for the
prosecution, pursuing the examination Of
| witness on this point, declared that state
ments had been made that he (the attor-
ney) believed to be false, and he desired to
| test the credibilitv of the witness by Ger.
| tain question, to which the defense had
objected.
Mr. Bruner-" Do you mean TO say, Mr.
Johnson, that you believe have testified
TO that which is false?''
Mr.. Johnson-"I do, sir"
Mr.. Bruner (excitedly)-"I allow no
scoundrel to call me liar. in or out OF
Court | will settle this matter with you,
Mr.. Johnson, outside the Court-room."
During this passsge-at-arms the Court
endeavored to preserve order, but the ex-
cited attorney and witness managed to
make themselves heard. The Court Sc
verely reprimanded both attorney and wit
ness.
HARLOW ON THE STAND.
W. P. Harlow. the defendant, was next
called 10 the stand. He testified that he
purchased the Ell Dorado property from
Mrs. Smith. The latter told him she was
in trouble and wanted to borrow money
from him. He could not accommodate her,
and she urged him to buy. Finally he told
her he had a claim to some land near
Rocklin, which he would trade her, but
that he could not give her clear title.
They visited the property, and she objected
to the trade because the title was not clear
She then said she owed money, and must
do something. Witness thought the matter
over, and finally made an appointment
with Mrs. Smith at the Pacific Oyster
House. He there asked her what she
would take for the place. She said that
$500 would clear her, and she would take
that sum. There were 125 cords of stove
wood on the place, and witness thought he
could make something out of it, beside
there being prospect of rise of the value
of the land in Ell Dorado, although it was
heavily incumbered. He agreed to the
terms, and they went to Mr.. Hughes office
to fix up the papers. He there gave her
500 of the $500, reserving the right to nav
the men who had cut the wood, as thew
had claim on it. He went up the next
day and paid off the debts, which came to
more than the sum due her, and he was
out of pocket by the transaction. Witness
declared that he did not say he had or
could give a title to the Placer land, but
merely offered to exchange her his claim to
it. Later, finding that she was in need of a
home, he proposed to her that she 90 to
Placer and reside on the property there
long enough to acquire homestead. She
might have his title if he should win the
suit pending with the railroad company.
On cross-examination, witness stated that
he was salOon-keeper and real estate
dealer; had known Mrs. Smith a couple of
years; knew little of her affairs, except
from herself; she frequently wanted to
borrow money of him; the beginning of
the negotiations leading up to the purchase
OF the property was on the day witness and
Mrs. Smith went to the Ell Dorado saloon.
when she wanted to borrow some money
while in the saloon no proposition was
made, except by Mrs. Smith, who said she
was hard up and needed money; think it
was then l first spoke of the Placer county
ranch told her had
"A KINK" ON SOME LAND
Up there, which would trade her for her
Ell Dorado ranches explained the "kinkn
to her by saying that had dummy filing
on the land, and that it was contested by
the railroad company she wished to know
what were his chances of winning the con-
test, and he replied that he thought it first
rate; she said she would like to 90 and see
it, and he offered to take her up there.
Next met Mrs. Smith on ] street, when the
appointment to go to Rocklin was probably
made; met her frequently after that; once
she met him in the Crystal Palace saloon
cannot recall the alleged meeting on
street. between Sixth and Seventh. Ac-
cording to appointment met Mrs. Smith
(then Mrs Stock and Mr.. Smith, and all
went to Rocklin; visited the land and
pointed it out to them from the road. Mrs.
Smith said it was nice little place, if the
title was perfect, and witness replied that If
the title was perfect it would be worth
more than her FL Dorado property. Wit
hess remembered telling her at one time
that if the title was perfect the land would
be worth $50 an acre. The offer to Mrs.
Smith was to place her in witness position
the land, and she was referred to
Charles A. Gardner for the facts concerning
its title. The case in contest had been de-
cided in the Land Office here in favor of
witness, and had been appealed, all of
which had been explained to Mrs Smith;
also explained to them that third party
was holding adverse possession, but that he
could be readily dispossessed; witness did
not say he had leased the land. Mrs.
Smith objected TO the proposed trade, say
ing that it was not ready money to her
and that it was money that she needed.
Up to this time nothing had been said
about money consideration beside the
exchange of ranches. On the trip back to
Sacramento witness and Mrs. Smith dis
cussed the matter, and she then asked him
to make her an offer for her place, and an
appointment was made for the following
morning at the restaurant where witness
boarded. Mrs. Smith then offered to sell
for $500. Witness told Mrs. Smith she
was
FOOLISH TO SELL HER PROPERTY
For the mortgages and $500, and she said
she would rather sell it to him for that
sum than to "those other for s. 600"
Witness now thought he was foolish to give
it. Had never seen the property, but
knew it had been sold for more money
than she offered to sell it for. At no time
prior to the meeting at the restaurant had
the $500 proposition been made. Witness
expected to make about $3.50 on the wood
by shipping it to Sacramento. 1t was un-
derstood that the wood was to go with the
ranch; have bill of sale for the wood: the
possession of the wood was one of the
motives in purchasing the property; the
bill of sale was drawn by witness, and it
was signed by the complaining witness.
Before making the proposition to sell, Mrs.
Smith said she was anxious to get away
from Ell Dorado, and would take $500 over
and above the mortgages for her ranches,
as that would relieve her necessities; the
wood was counted in all the time. Wit
ness DeleVeu ne was prompted by his at
torney TO demand a bill of sale for the
wood after the deed was executed. Wit
ness paid the men who had claims on the
wood, and it consumed all over the 500
cash paid her in Mr. Hughes Office The
understanding was that Mrs. Smiths team,
which was pledged to the woodmen, had to
be released out of the purchase money,
and before that could be done the wood
choppers had to be paid for their labor
Witness, after the trade, told AIRS. Smith
that if she would 60 upon the Placer county
land and remain there long enough to ac-
quire title, he would consent to her having
one-half of the place. This offer was made
partly because she had family and was in
in need. and partly because the witness
would thereby secure forty acres of desira-
Bile land.
At AS recess was taken till this morn
ing at 10 o'clock.
THE DOVE OF PEACE.
After the adjournment of the Court, Dis
triot Attorney Bruner came in and asked
Albert NJ. Johnson for an explanation of
his remarks while he (Bruner) was on the
stand. The latter made an explanation,