The morning call., 1890-11-21
ACROSS THE BAY.
Teung's Trial for Assisting Pris-
oners to Escape.
Carey Will Have to Be Tried Again-An I'm
provement Association = The Tidal
Canal Cut-Berkelsy's Charter.

Canal Cut-Berkelsy's Charter.
The prosecution rested yesterday after
noon in the case of All Teung for assisting
in the escape from the Alameda County
Jail Of Lee Yiek, one of the twenty-three
Chinese committed by the United States
Commissioner Of the Circuit Court for the
Southern District of California to be re-
turned to China under the Exclusion Act
for having come Illegally into the United
States over the Mexican border. The de-
tense did not put in any evidence and the
argument was begun. Assistant District
Attorney Church making the opening state
ment for the People. A. A. Moore followed
Tor the defense, presenting authorities since
1913 from different States, showing that it
no offense under American law for pris-
oner who is not held under a proper COM
mltment or warrant to escape nor is it an
offense for friend to assist him to escape.
The defense holds that the Commissioners
commitment was not authoritative out of
the jurisdiction OF the Southern District and
t hat Lee Yick was not a prisoner and il he
was not then All Teung did not commit an
offense under the law in assisting him to
CoSaPC hum jul. Dtputy
was an interested spectator at the trial yes
terday, as he is held for examination in the
Police Court on the same charge. Ii All
Teung is discharged. Morrison's case will
probably not come to trial. The argument
will be resumed this morning. The examine
tion OF Lem Share on like charge was yes
terday set for December 10Th, the defend
ant agreeing on condition that lie be trans
ferred to the County Jail instead of the
City Prison. If it is found upon the con-
clusion OF the All Teung CASE To-Day, that
Lee lick was not legally q prisoner. Lem
Shares examination will probably not take
place, as lie is held upon the same charge us
ALI Teung.
CAREY WILL HAVE TO BE RETIRED.
District Attorney Reed yesterday asked
Judge Gibson 10 sentence Thomas Carey.
claiming That he had been found guilty OF
assault The Court differed with the attor-
ney, holding that the jury had disagreed.
Upon being polled the jury stated that the
verdict rendered was not the verdict it in
tended, and on retiring again the Jury after
ward disagreed. The Court stated that be
would set the case for retrial at any time
upon the defendants motion.
Charles f. zimmerman was lodged in the
Alameda County Jail yesterday by Deputy
United States Marshal Maloney to serve one
year fol- stealing letters from the San Fran
cisco Postoffice. zimmerman is an Oakland
hoy. There is also fine OF $500 against
him.
An additional inventory and appraise-
meLt has been filed in the estate of Thomas
Varney, appraising two lots on Hilbert aud
W est Tenth streets at So, 250
BURIAL AT OAKLAND.
Word has been received from the Eastern
relatives Of Charles Z. UP, the One-armed
h0rSeman. who died on last Saturday from
injuries caused by falling from cable-car.
asking that the body be buried at Oakland.
The funeral will take place, therefore, at
o'clock Sunday afternoon under the auspices
ef Lyon Post, G. A. R., and meanwhile the
Gentlemen's Driving Association is raising
funds TO hire u band for the funeral.
The residents in the vicinity OF Twenty
third avenue have organized an improve
ment association to be known as the
Twenty-thiId Avenue District Improve
ment Association. j. G. Marsh was elected
President, r. +. Crist Vice-Presijent and
L. w. Jeifries Secretary and Treasurer.
Ex-County Clerk Charles +. Boardman
has been employed by the Board of Super
visors TO do aume work for it on records OF
the County Clerks office.
INCORPORATION ARTICLES FILED.
The articles of incorporation Of the Young
Women's Christian Association of Oakland
were filed yesterday afternoon. The Direct
ors are: Mary E. Brown, Anna II. Bailey,
Martha Ames, Mary L. Kirk, Rebecca A.
Stolp, Susan I. Gray, Harriet d. Hawley,
CaITle u. Lutlfd SuIllS3 LllLsl
Woifenden and Susa G. Chamberlain.
L. j. koelig, j. Goldstein and Gus Will
Jams, grocerS III the vicinity OF Twenty-thrd
avenue. have been arrested on the charge of
selling liquor without licenses. There are
no saloons in that neighbOrho0d aud it is
charged that the defendants have been SELL
ing on the SLY.
The evidence in the Pimental divorce
case was concluded yesterday afternoon and
Judge Ellsworth took it under advisement
H. at.
pay SIPS additional counsel fees to his wife.
Alameda.
The Board Of Supervisors will, it is said,
give certificate of election to l. b. Tappan,
who was elected City Justice OF the Peace
at the recent election.
John Horne, who was arrested on Wednes-
day night as suspicious character, pleaded
guilty to vagrancy yesterday and was SEN
fenced to fifty days in the County Jail.
William Stalcup, his companion, was given
his liberty, as he proved that lie was labor
ing man.
G. W. Kane, the old man who was bru-
tally assaulted for the purpose Of robbery
last Monday night in this city. has been sent
to his home in Tacoma. He seems to be
weak minded and unable to take proper
care of himself He claims to be well-to-dO
in Tacoma, and has check far S275. His
assalant. Charles S. Whiteiield, is in tie
County Jail awaiting trial on charges Of as
sault to murder and robbery.
A special meeting OF the Alameda I'M
prOvement Association will be held to-
morrow evening to consider the necessity of
having bridge built over the tidal canal
Oh Park street. A petition will probably be
ordered sent to Senator Stanford and Rep
resentatiye McKenna, asking them TO use
their influence and have the bridge built at
The residents of Alameda NOT
pleased at the action OF Colonel Mendell in
rejecting the bids for the construction OF
the bridge piers and rostpOning new pro-
posals until next spring. The business OF
the city is seriously interfeTed with, and
Alameda can only be reached by the
greatest difficulty after the rainy season COM
menceS, as Webster street roadway is now in
bad condition and alter Il few heavy rains
will be hardly passable.
Berkeley.
The inmates of the Institute for the Deaf
and Dumb and the Blind are having siege
Of diphtheria at the present time. Seven
cases have been reported already.
The Board OF Education has decided to re-
quest the Town Trustees to call special
election for the purpose of submitting the
question Of bonding the town for $4,000 to
pay for new school buildings and sites.
The travel on the local line is increasing
rapidly. The z o'clock evening train to
Berkeley is now composed of seven instead
Of five cars as heretofore. About two or
three years ago three cars were sufficient to
carry all the passengers in the evening.
The principal topic at present is the Free
holders election on Saturday. There is
considerable objection developing among
the citizens to the election OF Freeholders
or making any change in the charter. 1t is
contended by them that the town is getting
along very we'll; that the new-charter
scheme is backed by reaLestate agents who
want to work up little boom for the town,
and those opposed to the movement believe
that the present gradual and steady growth
react.