Los Angeles herald. [volume] (Los Angeles [Calif.]) 1890-1893, 1891-10-08

this city to John Denair, tralnmaster OF
the Atchison, Topeka and Santa F6
Railroad company at The Needles, ask
ing that $50 be sent at once. He signed
the message Moody" and received the
money.
When first arraigned he entered plea
OF not guilty, but yesterday appeared
before Judge Mckinley and substituted
plea of guilty.
The defendant stated to the court that
he came to this city with about $3.50 for
vacation and that Immediately after
his arrival he got drunk and went to
Santa Monica, where he found himself
stranded in couple of days. 1t was
then that he thought of getting the
money by telegraph. He was an opera
tor and knew the persons along the road.
He gave his age as 20 years. Pearley
has now been confined for two months
awaiting settlement of his case.
WANTS HEAVY DAMAGES.
Manager Harry G. Wyatt of the Los
Angeles theater brought an action in the
superior court Tuesday against S. E
Bisbee and E. D. Gibson, sheriff of Los
Angeles county, for damages in the sum
of $40, 900 for false imprisonment on the
night of June oath.
The circumstances surrounding the
arrest and imprisonment which We're
published at the time, are substantially
as follows:
On February 90, 1889, Wyatt, who was
then manager of the Grand opera house,
borrowed $1,000 on his promlssory
note from Seymour L. Bisbee, the pro-
prietor of the saloon in connection with
the theater. This note was secured by
mortgage on lot at South Pasadena,
for which Wyatt paid SO, 400. AS the
note was not paid within the specified
time, Bisbee brought suit against Wyatt
and on October 16, 1890, obtained judg-
ment and decree of foreclosure. The
Southern California National bank,
which obtained judgment against Wyatt,
j. w. Mitchell and A. w. Busch for
$954.35, balance due on a previous
note, claimed a prior lien upon this
property but was barred by Judge Van
Dyke, before whom the Bisbee case was
tried.
The lot was subsequently sold at
sheriff7s sale and purchased by Bisbee
for $1,000, which was applied to the
Judgment after the sheriff had deducted
his expenses. A deficiency judgment
was then entered against Wyatt for
1915. 40 on November "a, 1890, which is
still claimed as due and unpaid.
On June 23rd, last, Bisbee appeared
before Judge Mckinley in department
5, with his attorneys, Messrs. I. B.
Brown and w. s. Waters, and filed an
affidavit setting forth that he believed
Wyatt was about to leave the state for
the purpose of defrauding his creditors,
upon which showing an attachment was
issued and placed in the hands of Dep
uty Sheriff Cruz for service. Wyatt for
several days before this had been max
ing arrangements for a trip to New York
for the purpose OF booking attractions
for this season, and told Bisbee of his
intentions. However, on going down to
the Arcade depot on the night of June
oath, Wyatt found that his trunks had
been attached, and upon demanding an
explanation he was arrested by Cruz
and taken to the county jail, where he
was incarcerated all night. Next morn
ing he was taken before Judge McKin-
lev on the attachment but was immedi-
ately discharged by the court, and he at
once proceeded on his journey.
As the necessary documents could not
be filed in his absence, his signature and
certificate being requisite, action on the
matter was deferred until his return,
which occurred a few days ago.
NEW CASES.
The following new suits were filed
with the county clerk yesterday:
A. G. Shafer and f. d. Lanterman VS..
w. j. Armstrong ct al. Suit on fore
closure for 1888 SO.
Mary H. Niemeyer petitions for ad-
mission to probate Of the will of Hervey
Niemeyer. The estate is valued at $751;
AS.
M. E. Frankel VS.. G.. D. Gibson. Suit
for recovery of certain goods and chat
tells seized by and now in possession OF
the defendant. which are valued at
$1721. and for $500 damages.
r. j. Northam vs.. Mrs. M. D. Nor
rison. Plaintiff prays judgment in the
sum of $165, alleged to be due for rent
of the Hotel Norwood, and petitions
that the lease held by defendant be set
aside.
IL. Clark filed petition for the
adoption OF Jane Boston, who was born
August 23d of this year. The child's
parents are Joseph B. Boston and Daisy
Ann Boston. The petitioner recites
that the child's father has deserted his
wife.
NOTES.
The decree of foreclosure in the case
of Mesanager vs.. Hamilton was signed
by Judge Van Dyke yesterday.
In the case OF Koehler VS.. Andrews et
al. Judge Van Dyke yesterday ordered
findings and Judgment for the plaintiff.
Judge Shaw yesterday made an order
granting J. l.. Van Avery, assignee
permission to dispose of perishable
property OF A. V. Willard, an insolvent
debtor.
The Security Savings Bank and Trust
company yesterday secured Judgment
by default against j. w. Ellis for $3.50
on foreclosure of a mortgage for 5000, IN
department three.
frankie LIE Clair, alias Lilly Bailey
will be tried for robbery, in department
six, on October 18th. Judge Mckinley
Yesterday overruled her demurrer to the
information.
The condemnation suit brought by
the Land, Reservoir and Power com,
pany against S. Carrion ct al. was on al
day yesterday in department five, before
Judge Shaw and jury. Only four wit
nesses were examined, and there. are
about thirty more to go on the stand.
Will Pablo was before United States
Commissioner Van Dyke yesterday on
charge of selling liquor to Indians al