The morning call., 1890-11-19
ACROSS THE BAY.
Judge Gibson and Judge Hoffman
Do Not Agree.
Repentance After Hasty Marria gs-An In
solvent Attorney-A Brutal Assault
for Robbery in Alameda.

When the case of An Teung, charged with
assisting in the escape of United States
prisoners from the Alameda County Jail,
came up for hearing before Judge Gibson
yesterday the attorneys for the defense
moved to dismiss the information upon the
ruling of Judge Hoffman in the United
States Circuit Court that the Cinnamon held
in the County Jail awaiting return to China
for evading the Exclusion Act by coming
over the Mexican borders were not prison.
ers. Judge Gibson said he did not wish to
criticize Judge Hoffman's decision, but he
did not agree with him. He believed that
the five Chinese whom Teung assisted to lib
crate were legally in custody, and ordered
the trial to proceed before jury. The pros
ecution is under the State code, and the PEN
atty is two years in the State Prison or
fine of $1,000 There are five charges pend
ing.
About year ago George W. Stempel re-
ceived a bruise on one of his legs while at
work at the Oakland Iron Works. Erysip-
elias set in, which turned into blood poison
ing, ending in death yesterday. He was Is
years of age.
WHAT MIGHT HAVE BEEN EXPECTED.
Louise Nicholson, who married William
G. Nicholson against the wishes OF her
mother, Mrs. Wooley, about six months ago,
going to San Rafael to have the ceremony
performed, has sued for a divorce at Mar
tinez on the ground of cruelty, charging in
human conduct on the part of the defendant
which compelled her to leave him and seek
refuge with her mother. She also asks she
may resume her name before marriage. 1t
will be remembered that Nicholson created
quite sensation at certain hotel In Oak
land just after his wife left him, about four
months ago. He afterwasd brought suit
against Mrs. Wooley and d hotel proprietor
of San Francisco for S2U,0C0 damages. al
leging that they had opened letter adj
dressed 10 him.
The order for n. d. Buhsen to show
cause why he should not be punished for
contempt in not paying two months ali
mony 10 his wife. Elizabeth Buhsen, was
dismissed yesterday. by Judge Ellsworth
upon the payment of tie amount due.
The City Council has passed to print an
ordinance for the creation of a Corporation
Yard, and also the Office Of Corporation
Yard keeper.
REFUSED A DISCHARGE.
Judge Ellsworth refused to discharge
Thomas Carey on writ of habeas corpus.
Carey is under charges of assault with
deadly weapon at Fruitvaie, and was tried
before Judge Gibson before jury. The
jury came in with verdict, but when 1t was
polied it was found that 1t was not the
verdict intended to be rendered. The jury
retired again, but afterward failed to agree
upon verdict. The defendant asked to be
discharged on the ground Cf once in jeopardy,
and that the jury should not have been sent
out again. Judge Ellsworth decided that
no error had been committed in sending the
jury out again and remanded Carey for
another trial.
Mrs Rose Welch claims to have been
assaulted and robbed at the Eighth-street
bridge over the estuary on Monday night by
five men, one of whom she says she recog-
nZed. She refuses to swear to complaint
because she does not want to appear in the
Police Court.
The change of venue in his divorce case
was too much for John HI. Church or. on
Monday, and he became so full in the even
ing that lie was landed In the City Prison
for drunkenness. He forfeited Sc.
Harvey S. Brown, the attorney, was ad-
judged inSolvent yesterday. His liabilities
are SIP, 70o, assets S30,SO0.
PARDoNED BY THE GOVERNOR.
Edgar EaglesOn. the driver of one of the
transfer companies wagons, who shot Alex
ander swanson, another driver, in May,
1889, tie bullet Haltening ON SwansOn's
forehead, was pardoned yesterday by Gov
ernOr Waterman out Of the Alameda County
jail, to which he had been committed on
July %, 1889, by Judge Ellsworth for as
sault with deadly weapon growing out OF
the shooting.
The E! Captain is running on the narrow
guage ferry line In place of the Newark,
which is undergoing repairs for the slight
damage done last Sunday by foulIng with
the Oakland during the heavy fog. The
Newark'S guard line will also be changed to
iii the broad-guage slips, being at present
too wide.
The trial of the divorce case of Amelia
Pimentel VS.. James Pimentel was conI-
nencei yesterday before Judge Ellsworth
Ignacio Mesa and one Castro failed to APP
pear as witnesses, and bench warrants were
issued Tor them, returnable to-day.
A masquerade, in aid Of the Relief Fund
of John A Logan Circle of the Ladies of the
Grand Army of the Republic, will be held at
Cavalry Hall this evening
CITY COUNCIL MEETING.
The boulevard around Lake Merritt is
now an assured fact, for at an adjourned
meeting of the City Council last evening
EfsOn +. Adams and others, representing
all the property fronting on the Lake, except
few small pieces which belong to estates
not represented, presented the deeds to the
right of way for boulevard 80 feet in
width. -Four ordinances Were passed to
print, accepting the deeds and Conforming
undecided land, etc. The land given BY the
Adams estate comprises about five acres. The
contract for printing was let to the Tribune
at this meeting. All city advertising will be
free, and rates for propertyowners for all
street and sewer work will be 50 cents per
square for the first insertion, % cents for the
second and IA cents for the third and fourth.
This is less than n If on last years rates.
which were 90 for the first, 60 for the second
and 50 tur the third and fourth. The Even
ing Enquirer bid 35, % and 10 cents, IN ac-
cordance with its offer made on Monday
evening, but the Tribune secured the award
by bidding cent less on the last two inser-
tons. The Enquirer claims that the Trib-
une and the Tunes are in combination, and
is little sore over the defeat, but is also
jubilant at cutting down its rivals profits.