The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-10-16

Major Rinehart Still Claims His
Famous Corner.
ELECTRIC ROAD CAN'T CROSS IT.
Contractor white Enjsined From blast
Ing Near tie CourtAouse-Murphy
Acquittsd-New suits-Blostsr.

The Seattle Electric Railway Company.
= G. Kiibourne and others were enjoined
Yesterday. on complaint Of w. v. Rine-
mart. against further excavating and build
ing Of street railway across pArcel of
Land claimed by plaintiff and situated ON
the corner OF South Third street and Yes
Ter aveAqc. Rinehart alleges that the
Electric Railway Company was greatly
obstructing his premises and rendering
them unit for building and other purposes,
and that its action in building railroad
on his land would disturb his peaceable
possession and cast cloud upon his title
to the property and would involve him in
unnecessary, useless and expensive litigA-
ton, and will cause him great and imme-
diste injury and damage. That his only
adequate remedy Is an immediate iniunc-
ton or restraining order against defend
ants.
Mr.. w. v. Rinehart was seen shortly
sitter the injunction was served and said
in explanation of the proceedings: 1.-THE
property in question. together with strip
running down Yesler avenue, belonging to
us, was condemned by the city after the
fire, for the extension Of Second street.
The city promised, however, that we
should receive $37 500 as damages for the
loss Of the land. In its promise the city
further stipulated that if payment in full
was not made on the purchase by Novem-
Der l, this year, that we would be allowed
to retain the property.
Up to the present time the city has not
turned over to us . cent OF the agreed $751;
500. nor have they paid us any interest on
the sum principal. We saw the city attor-
ney the other day and he said the city
could not pay US November l, because the
money is not in the treasury. Seeming as
it does that we will in all probability regain
possession of the land in dispute, We have
had temporary Injunction issued against
the Electric Railway Company to keep
them from injuring the property until the
claim is settled
CONTRACTOR WHITE ENJoINED.
An injunction was granted by Judge
Lichtenberg yesterday. against w. N.
White, contractor for grading Terrace
street, to compel him to refrain from fur
ther blasting near the walls Of the new
courthouse building. The action was
brought by Robert Smile, the contractor
with King county to erect the courthouse
building in the city of Seattle on Seventh.
Eighth, Terrace and Alder streets, and
WIN. White is the contractor with the
city of Seattle for the grading and improv-
ing Of Terrace street between Seventh and
Ninth streets. The action set forth
that Contractor White in pursu-
ing his work OF grading Terrace street
is using giant powder and other heavy ex-
plosives in blasting near the unfninhed
walls Of the courthouse. and the walls,
being composed largely Of arches and not
being dry, are liable to be cracked, dam
aged and destroyed by violent shocks and
conclusions And that unless the court
will not act at once and issue restraining
order commanding the defendant and his
employees to refrain from further blasting
near this building it will be irretrievably in
jured, and If he (the defendant1 should
await to give the notice required by law and
the rules and practices of this court that
the acts complained of and the injury
threatened thereby will have been already
done.
The court at once issued temporary re-
straining order and the case will have
hearing on October IS.
ALLEGED FRAUDULENT ASSIGNMENT.
Ouis was UKOukAt W uoA x1S1cI ySS-
terday against w. T. Kelleher and w. T.
Hall to set aside and declare imperative
an assignment which plaintiff delares to be
fraudulent. He alleges that w. 7. Kelle-
her 4 Co. were largely indebted to various
firms in California and elsewhere. and that
they settled with their creditors for so cents
on the dollar and executed their notes for
the balance. about $4,000. That Kelleher
and his partner. s. Ephraim, pretended to
dissolve their partnership, and Kelleher
purchased $14, 900 worth OF goods which he
added to his old stock, and while contem-
plating insolvency he executed to Ephraim
q chattel mortgage upon all Of his goods on
March Is That the execution and de-
livery of this chattel mortgage was con-
cealed and was not recorded until August
IL. In the meantime Kelleher remained
in actual possession of the goods, selling
the same and appropriating the proceeds
to his own use.
Heller also states that he is the owner of
claims against Kelleher d Co. to the
amount of s.. 01966, and that on ADJUST IL
Kelleher was the owner OF goods to the
value of $4,000. which he unlawfully
assigned to 8. Ephraim for the purpose of
defrauding his creditors, aud he prays that
the assignment be set aside and declared
null and void and imperative.
EDWARD T. MURPHY ACQUITTED.
The case of the state against Edward T.
Murphy was tried in Judge Humes' court
yesterday, and the jury, after being out
only q short time, returned verdict of
not guilty.
Murphy was charged with committing
an assault with q deadly weapon upon
Charles Brown on the night of September
Is. Brown and Murphy were intimate
friends. and at the time of the shooting
were drinking and carousing together at
the latter's residence. Brown, who is an
athlete and man of supeeior physical
ability, was drunk and very quarreisome,
and got into difficulty with Murphy, who
recognizing the great strength of his OBJ
nent, seemed to fear him and was I'M
viking to engage in a hand-to-hand en-
counter, and when Brown had assaulted
and choked him and again attempted to
attack him. Murphy shot him. INJECTING a
wound in the left breast, which for a time
it was supposed would prove fatal.
Brown was taken to the, hospital and
soon recovered. He freely forgave Muir.
ply for shooting him and exonerated him
from all blame and would not prosecute
him.
The two men have continued friends ever
since the difficulty. The jury's verdict
was based upon the theory that Murphy
did the shooting IN self-defense
JUDGMENT on cHArrEL MORTGAGES.
Two judgments against Robert Knipe
and others were rendered in Judge Lich-
tenberg's court yesterday, both on chat
rel mortgages One was a suit of the Pa