Los Angeles herald., 1891-08-13
A Damage Suit for the Loss
of a Wife's Affection.
The Deputy County Assessors
Sue for Overtime.
George j. Mitchell Charged With the
Crime of Perjury.
Proceedings Yesterday In the Courts.
Supreme Court Decisions New
Suits-Divorce Cases.


against Albert Turney for alternating the
affections of his wife, Francisco, claim
ing damages in the sum Of $4,000. The
complaint filed in the case is unique
document, and alleges, among other
things, that Turney debauched Bedau's
wife against her will, and thereby
alenated her affections from her hus-
band. The wife is also alleged to be
enciente as result of her intimacy
with the defendant. The material part
OF the complaint is as follows. After
the preamble, it states:
That at the time hereinafter set forth,
and ever since, and for many years
prior thereto, plaintiff and Francisco
Bedau were husband and wife and duly
intermarried on July Is, 1870, and have
ever since cohabited and lived together
as such.
That on the 18th day of December,
1890, the said defendant wrongfully con-
), triving and intending to injure the
plaintiff and to deprive him of the COM
fort, aid and assistance of the said
Franzisca Bedau, the said wife of plain
tiff, forcibly and without the consent of
said Franzisca, wickedly, willfully and
maliciously debauched and carnally
knew the said Francisco, without the
privity or consent of the plaintiff.
That by reason of the premises the
said Francisco became and is pregnant
with child from the said defendant, and
the affection with she heretofore had
for the plaintiff was alienated and de-
stroyed, and the plaintiff is deprived of
the comfort, society, aid and assistance
of said Francesca, and has suffered great
distress of body and mind to his dam
age in the sum of $4,000.
SUING FOR OVERTIME.
Deputy County Assessor w. H. Whit
temore has brought suit against the
county for $4,000, as pay for services
rendered the county by himself and a
number of other deputy assessors out
side of the regular Office hours in the
month of July. 1t will be remembered
that Whittemore, j. f. Mullen, v. A.
Perrot, A. B. Conrad, Harry lies, o. G.
Vail, Elmor Teal, F. E. Vanderlip,
E. G. Foster, Sallie H. Hayes, L. R.
Paxton, Grace Farnsworth, Henrietta A.
Miller, Josie Lambourn and Louise
Campbell recently put in claims against
the county for work they had done on
the assessment books during July, in the
evenings and before Office hours. There
is provision of law, however, that no
county officer working for fixed salary
shall be paid for ''extras." The super
visors therefore promptly disallowed the
claims, and Whittemore, having had
them all assigned to him, brought suit
to recover.
The complaint states that the depu-
ties were employed to do extra work by
Assessor Gray on the authority of S. M.
Perry. chairman of the board of super
visors; that the number of deputies al
lowed the assessor was insufficient to do
the work, and that even if other deputies
were employed, they could not have
been used to advantage.
Henry s. Knapp, clerk of the board of
supervisors, states that the suit is a
friendly one, and that the supervisors
are willing to pay the claims, and only
disallowed them in order to have the
law construed by the court.
THOSE TAHITI ORANGE TREES.
The Meserves are after the scalp OF
George J. Mitchell, the gentleman who
made affidavit Tuesday that he had
inspected their Tahiti orange trees at
San Pedro on August 10th and found
that they were infested with an un-
known scale bug and also with the
"borer," both of which insects were
dangerous to California orchards. On
this affidavit a restraining order was
issued by Judge Shaw, forbidding the
removal OF the trees from San Pedro
pending the result of the suit brought
fo have them DESTROYED
Now comes Attorney Edward
Meserve, who, in a complaint drawn
up by himself, charges Mitchell
with perjury. The complaint states
s'that he, the said Geo. J. Mitchell, with
one A. F. Kercheval and John Burr, did
examine certain lot of Tahiti orange
trees belonging to the said Alvin b.
Meserve, Elmo r. Meserve and Harry
W. Meserve, on the 10th day of August,
1891, and that on such examination the
said Kercheval and Burr discovered on
said trees live scale insects not known
or found in the orange orchards of Cali
fornia, and borers working in the roots
Of said trees, all of which are injurious
to fruit and fruit trees. The complain
ant is informed and believes, and on
such information and belief states, that
said Geo. J. Mitchell was not at the
place where said trees were on said 10th
day of August, 1891, viz, at the city Of
San Pedro, county of Los Angeles, state
of California, and on such information
and belief states that the said George ].
Mitchell did not on said 10th
day OF August, 1891, or at any other
time since said trees were disinfected
by the owners thereof in said affidavit
mentioned, examine said trees nor in
spect them; and your complainant is
informed and believes and on such in
formation and belief states that said
Geo. J. Mitchell did not on said 10th
day of August, 1891, or at any other
time, discover or find any live scale bug
of any kind or character on said trees"
The complaint goes on to state that
Mitchell was actuated by malice in
swearing as he did. A warrant was is
sued for Mitchell's arrest by Justice
Stanton, but it had not been served
last night.
SUPREME COURT DECISIONS.
Deputy Supreme Court Clerk Ash
more received two decisions in Los An
geles cases from San Francisco yesterday,
for felony. In the case Of Martin
O'Connell ct al, respondents, vs. the
Main and Tenth Streets Hotel company,
appellant, the judgment of the lower
court is affirmed. This suit was brought
e. fcs 49, 1,o