Los Angeles herald., 1891-09-11
THE COURTS.
Pic PicO Finally Loses His
Suit Against COhn.
The Divorce Case of Rose
Against Rose.
Proceedings of Interest Noted Before
the Various Tribunals.
Lee and Erepanter Acquitted : Cable
Road Interest-COurt NOtes-New
Cases-The Police Court.

Deputy Supreme Court Clerk Ash
more, yesterday, received decision
from San Francisco, in the celebrated
case of Pico (appellant) vs.. Conn ct al.
(respondents). This case involves about
5000, 900 worth OF property in this coun-
ty, and has been to the supreme tribu-
nal before. Ex-Governor Don Pho Pico
was defeated in the lower court, and the
case was appealed by him, with the re-
suit that the judgment is affirmed. The
latest decision reads:
CATER full consideration of the ar
gument presented upon the rehearing
in this cause, we are satisfied with the
former decision rendered in February,
1890, and for the reasons there given the
judgment appealed from is affirmed"
A supreme court decision has also
been received in the case of Kremer (re-
spondent) vs. Earl ct al. (appellants),
in which the judgment of the lower
court is reversed, and instructions given
to dismiss the action. This was a suit
to compel the defendant Earl to convey
to the plaintiff, who is special admins
tlator of the estate of Henry Charles,
deceased, the legal title to the north
west quarter of section %, township s
south, range 8 west, S. b. M, and to
cancel mortgage given by Earl to his
co-defendant Egan.
ROSE VS.. ROSE.
Judge Clark yesterday, in department
two of the superior court, refused to
strike out the answer of the defendant
H.,
against Harry Rose, which was asked
by the plaintiff because the defendant
refused to give certain testimony before
a notary public. The ruling of the
court upon the motion contains several
novel points, and is as follows:
"The defendant appeared before
notary, in obedience to subpoena
issued, and answered certain questions
propounded and refused to answer GER
tain other questions, claiming that his
answers thereto might tend to subject
him to punishment for felony. The
position of defendants attorney is, that
the action being for divorce, and the
only issue being the issue OF marriage
between the parties, and it appearing
that the defendant was married to an
other subsequent to the marriage al
legged in the complaint, and that any
riage alleged in the complaint would
necessarily tend to prove that he, the
defendant, had committed the crime of
bigamy, the defendant is privileged un-
der the constitution from answering any
questions tending to prove him guilty of
that crime.
"The court thinks this position we'll
taken, but will not decide the question.
He denies the motion to strike out on
the ground that the proper punishment
for defendants failing to answer ques
tions should be fine and imprisonment
for contempt, not striking out his an
swer."
LEE AND TREPANIER ACQUITTED.
Truman Lee and George A. Trepanier,
the two railroad men who have been on
trial in Judge Smiths court during the
past few days, on charge of robbery,
were acquitted by the jury yesterday on
the first ballot. The evidence adduced
during the trial showed that Lee and
Trepanier while returning from picnic
at Glendale, last May, proposed a col
lection on the train tor little girl mus
ician, who had been entertaining the
passengers. Lee had put $5 gold piece
in the hat by mistake, and when he
found it out he started to take it out OF
the hat again, but found it had myster-
iously disappeared. Investigation showed
that a baker named Bertrand had taken
some money out of the hat in change, as
he claimed. He was accused of approp
rating the missing So, but this he Wig
orously denied and the result was that
Lee and Trepanier became involved in a
quarrel with Bertrand and friend. II
the melee the two latter got the worst
of it, Bertrand claiming that the rail
readers had robbed him OF $40 in the
scuff1e, hence their arrest. Lee anC
Trepanier claimed that the arrest was
case of revenge and the jury seemed
to hold similar views OF the matter.
PACIFIC RAILROAD INTEREST.
The attorneys for J. F. Crank, re
ceiver of the Pacific railroad company
yesterday went before Judge Wade anC
asked permission for the receiver to pay
the accrued interest on the 1856 frs
mortage bonds issued by the Los An
geles Cable railroad company. The
showing was made that the receiver hac
the money with which to pay the in
terest-$12, $40 land that the same was
due and payable. The order was granted
TOM SHE BINS AssAILANT.
The trial of All Sing, who is charged
with assaulting and robbing DIR. Ton
She Bin in Chinatown some weeks ago
was commenced yesterday in depart
ment six OF the superior cout, finally
going over till today. Bin was summoned
to attend a patient in Chinatown by two
heathens. alleged to be accomplices O
All Sings, and while he was going
through dark place he was hit ovel
the head, knocked senseless and robbed
of a large sum OF money which he car
ried in leather belt. The doctor iden-
titled Sing as his assailant.
COURT NOTES.
In Judge Shaws court, yesterday, the
case of John B. Niles VS.. &. W. Daw, ar
action to restrain the defendant from