Los Angeles herald., 1891-09-06
A Couple of Marriage Knots
United.
The City VS.. the City Banks
Decided on Demurrer.
Wong Ark Has His Sentence Again
Postponed.
His Attorney Preparing for an Appeal
Delegates to the Whittier
SchoOl-COurt Notes.
New Cases.

Judge CLARK yesterday heard the tes-
timony in the divorce case OF Mary Tim
mermans VS.. Frederick Timmermans
and granted conditional decree. The
grounds were desertion and failure to
provide. Mrs. Timmermans alleged,
and her statement was upheld by the
testimony introduced, that her hus-
band, who was a well-educated man,
failed utterly to provide means for the
familv's support and abused and other
wise ill-treated her. She went on the
stand and testified that while she and
her husband were coming to this coun-
try in the steamer he quarreled with
her and called her indecent names re-
fiecting on her chastity.
One of Mrs. Timmermans's witnesses
testified that while the couple were
living on Jackson street, on February
Is. 1889, she saw the husband chase
Mrs. Timmermans out of the house
early in the morning and hit her on the
back Of the head with bottle which he
threw at her.
Mrs. Timmermans also testified that
her husband had beaten her in Fresno,
where they formerly resided, for which
he had been sent to the county Jail.
Judge Clark ordered that a decree of
divorce be entered on the presentation
by the plaintiff of a certified copy of the
commitment which sent Timmermans
to Jail in Fresno. Mrs. Timmermans
has recently been working out as a
domestic to support her children.
Judge Van Dyke yesterday granted
Patience Mcclure a decree of divorce
from D. Mcclure, on the grounds OF
desertion. Mrs. Mcclure and Georgia
B. Dockweiler were examined as wit
nesses. The defendant did not put in
an appearance.
Sarah B. Canton was divorced from
j. M. Clanton, in department four. The
defendant allowed the case to go by
default. Mrs. Sarah Clanton, Horace
Smith and w. Feland gave testimony in
the case.
Georgiana Proch has commenced di-
vorce proceedings against Arthur d.
Proch.
THE CITY VS.. THE CITY BANK.
Another, and probably the final, deci
sion in the last of the suits growing out
of the loaning OF the city money to the
City bank, was made by Judge McKin-
ley in department five of the superior
court on Friday. 1t will be remembered
that when the supreme court held the
contract of the city with the City bank
void as against public policy, the bank
returned all the principal of the city
money to the city treasurer, but refused
to pay any interest on the ground that
it had not been permitted to keep the
60 larnth Of
and that if the contract was void as to
the city, it, the bank, should not be
held to it.
The city brought an action against the
bank to recover a sum of nearly $4,000,
which it alleged to be due as interest on
the money which the bank had held.
Messrs. Burnett & Gibbon, attorneys for
the bank, made the point on demurrer
to the city's complaint that the contract
was invalid, and that no recovery could
be had Hereunder. In his ruling, Judge
Mckinley sustained the demurrer and
allowed ten days to amend, but as the
complaint contained all the facts in the
case, this will probably end the matter,
unless the city attorney sees fit to ap-
peal to the supreme court.
WONG ARK's SENTENCE POSTPONED.
16SLSJudN dO ~ q. III. was bIlO GlAuO
set for Wong Ark, who has been con-
victed of murder in the first degree. to
be sentenced to imprisonment for life
by Judge Mckinley. There were num-
ber of people present in the court room
at the time, but they were disappointed
when the court postponed the time for
sentence till Saturday, September 18th,
at 10 a. m. Attorney Jesse Hardesty
asked for this continuance, on the plea
that the official reporter had not yet
finished transcribing the testimony
taken at the last trial, which was needed
for the purpose of an appeal. Ark was
present in the court room, and was
taken back to Jail for another week.
DELEGATES TO WHITTIER.
Judge Mckinley yesterday heard the
application of William and Aleanor
Cunningham for the commitment to the
reform school of their 16-year-old
adopted daughter, Lena Cunningham.
The foster parents testified that the
girl was incorrigible and was developing
into petty thief. The court continued
the case for further testimony till Mon
day.
Judge Mckinley also listened to testi-
monv in the matter of the application
of J. L. Dougherty for the commitment
of Cornelius Orr and Walter Orr, desti-
tute minors, to the Whittier school.
The application was denied because the
children were IN no way incorrigible.
COURT NOTES.
The appeal case OF Brayton VS.. Willis
was heard before Judge Shaw and a
Jury, in department five, yesterday. The
suit is one to obtain judgment on a
promissory note tor $500, executed on q
purchase of mining stock by Willis &
Treat to w. B. Johnson. The defendant
won the case before the justice of the
peace, and appealed. He claims that
the note was never delivered.
G. NJ. Pearley, the young railroad tel
egrapher charged with forgery, ap-
peared before Judge Mckinley, yester-