Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-04-12
SOMETHING FOR NOTHING.
MRS. SMITHS STORY OF HER
SWAP WITH HARLOW.
How She Came to Part with Her FL
Dorado Property-A Deed that
Does Not MateriaIize.

Does Not MaferlalIZe.
The examination of w. P. Harlow,
charged by Mrs Martha E. Smith with OBJ
tanning property by false pretenses, came
up before Justice Devine yesterday after
noon. The prosecution was represented by
Grove L. Johnson, Albert NJ. and Hiram
w. johnson and Deputy District Attorney
Brown, and the defense by A. L. Hart.
The complainant testified that she had
known the defendant three or four years.
In February last she resided near Mud
Springs, Ell Dorado county.
Being asked if she owned the land on
which she lived in that county, the
defense objected, on the ground that title to
real estate could not be proven by parole
testimony, and held that the deed to the
same should be offered in evidence.
Mr.. johnson argued that the question of
title was not actually involved, as in case
where title was disputed.
Attorney Hart held that the title to the
property alleged to have been acquired by
Harlow did cut a very important figure in
the case, as, if the complainant did not
own the property, the charge against Har-
low fell.
THE ROCkL1N RANCH.
The objection was overruled, and witness
{ went on 10 say that she met Harlow in this
city in February last and informed him
that her properly was involved, and that
she was afraid she would lose it. Harlow
said he had so acres of land near Rocklin
Placer county, which he would deed to her.
with $500 cash, in exchange for her Ell Do
RADIO property, and that he would give a
clear Government title to it. An appoint
ment was made TO visit and examine the
Placer property. The next day Harlow
George Smith and witness went to Rocklin
and saw the property alleged to have been
owned by Harlow. The following day
witness, Harlow and Smith met at the Pa
cific Oyster House, and from there went to
the office of Hughes TO make out the deeds
to the property to be exchanged.
They repaired to the place mentioned,
and witness made and executed to Harlow
deeds 10 her two Ell Dorado farms. Har-
low then paid witness 500 of the money,
and said that as it was getting late in the
day they would not wait for him to make
deed to his Placer county property, but
that he would take it to her in Ell Dorado
with the balance of the money
The next day Harlow came to the ranch
bat did not bring the deed. He paid $780,
retaining SO for attorneys expenses, and
the property was turned over to him. Har-
low has not yet made over any deed to the
SO acres near Rockli-.
COULD GIVE NO DEED.
Four weeks later witness met Harlow
and asked him for the deed. He said the
property was in litigation, and that he
could give no deed at present. Witness
then asked him to give her bond for a
deed, and this ne declined. The last time
the witness spoke to Harlow he said she
was in good way not to get any deed. He
never told her he did not own the land
near Rocklin.
PROPERTY WORTH UPWARD OF $4,000.
On cross-examination witness told of her
affairs in Ell Dorado county, and said she
owed Sc, coo ON her TWO farms, comprising
AGO acres. On one farm is a house. barn,
winery, blacksmith shop, chicken house,
etc, and on the other house and barn.
Witness said she had known Harlow for
upward of year, but thought she had
never mentioned to him that she desired to
sell her place prior 10 February last In
conversation with him in the latter month
he said he had eighty acres in Placer
county, ana would deed it and $500 to her,
with clear title, for her farms with their
membranes. Never saw the original
patent 10 the FL Dorado lands, but witness
had deeds to the same. 1t was about four
weeks ago that Harlow said his land was
in litigation. He said nothing about it be-
fore the trade.
On redirect examination witness said her
husband first paid upward OF $4,000 for the
property.
OTHER WITNESSES HEARD.
George H. Smith was next placed on the
stand. He is the present husband of the
complainant, and was with her on the
visit to Placer county, and when the deeds
were delivered to Harlow in Hughes
Office. Witness testified TO Harlow having
repeated his offer-while on the Rocklin
ranch-to exchange it, with clear title
and $500 fer Mrs. Smiths FL Dorado prop
erty. According To witness estimate, one
OF the FL Dorado farms is worth from SIS
to $50 per acre, and the other from $40 to SIS.
Being recalled, Mrs. Smith testified that
out of the $50 which Harlow was to have
paid her she got nothing, as he paid it out
TO men who had been cutting wood on her
place, which he had no right to do.
Mr.. Kim, the former owner of one of the
ranches decided by Mrs. Smith to Harlow,
testified that ne sold that farm for 81 800.
and was very sorry he did so, as it was
worth more money.
Hiram w. and Albert NJ. Johnson testi-
fed 10 having had conversation with
Harlow in which he said he had dummy
filed on so acres, homestead entry, near
Rocklin, and that it was all the title he had
TO it.
On cross-examination each stated that
Harlow said the property was in litigation
with the railroad company, and that any
deed he might give would be worth
nothing; also, that he had explained the
whole situat on to Mrs. Smith
By consent OF parties the adjournment
was taken at 4:30 o'clock P. N. until 1890
this morning.
THE OTHER SIDE.
1t is understood that the defense will I'M
dertake TO prove that Mrs. Smith decided
her property TO Harlow with the full I'M
derstanding that he could not give her title
to the Placer county land, and that she ac-
cepted SS00-over and above the $4,000
mortgage on her property-for the same
1t is also understood that the defense has a
number of witnesses subpenaed for the pur-
pose of attacking the character and stand
ing of the complainant.
During the hearing yesterday counsel for
the prosecution objected sharply 10 side re-
marks made by Harlow while Mrs. Smith
was on the stand, and the Court emphati-
cally declared that such conduct had to
stop. Ii was also found necessary to repri-
mand the attorneys, who got into a heated
discussion over the matter.
STATE CAPITOL NOTES.