Los Angeles herald., 1891-03-18
CRUMB FOUND GUILTY.
MATTERS WHICH WE'RE IN THE
COURTS YESTERDAY.
A Sensational Case About tho Milwaukee
Furniture Company-Notes About 9th
or Cases Which Were Considered.

courtroom of department one Of the su-
perior court at 20 O'Clock yesterday
morning. In response to the usual ques-
tions the foreman informed Judge Smith
that they were divided solely upon
question OF law and not upon one OF fact,
whereupon the jury was given some fur
ther instructions by the court and re.
turned to the juryroom in custody of
Deputy Sheriff sepulveda. 1t was then
rumored that the jury stood eight to
four in favor OF conviction, and the de-
fendant and his attorneys were evidently
confident that no agreement would be
reached and that a new trial would be
necessitated. At O'Clock, however, the
jury filed into cour and announced that
they had agreed upon verdict, which
was read as follows:
We, the jury in the above entitled ac-
ton, find the defendant guilty of living
in state of open and notorious cohabi-
tation and adultery as charged; but do
not find, beyond reasonable doubt, that
the defendant was married man at
the time.
NIGHTENGALE's SONG.
The trial of the case OF Morrill, ct al.
vs.. Newell Nightengale ct al, was re-
sumed in department three yesterday,
before Judge Wade. This is an action
to recover $17 900, alleged to be due on
an agreement to purchase 473 shares of
the capital stock OF the Milwaukee
furniture company.
The complaint states that on July 9th,
1890, L. J..P. Morrill,. o. p. Arnold and
John Jucker owned between them 427
shares of the capital stock of the Mil
waukee furniture company of Los An
geles, 338 and $40 South Main street,
and that Newell Nightengale had agreed
to purchase the same and to pay there
for $43, 900, in various sums, to insure
which payments quantity of securities
were deposited with George l.. Arnold,
of the University bank, and that in de-
fault of any of these payments being
made Mr.. G. l.. Arnold was to sell the
securities and the capital stock and pay
the debt. The complaint says that
Nightengale defaulted in the payments
and prays that. the securities be sold.
The answer admits that Arnold is
trustee for Nightengale and holds in his
possession this property. 1t calls the
contract of sale of the stock "pre-
tended contract" sad the promissory
notes given to pledge the installment
payment hereunder pretended notes."
and says that the notes and contract
were signed by Nightengale, not through
his free will, but through menace and
threats OF arrest upon an alleged charge
of embezzlement of monies of the Mil
waukee Furniture company, which the
plaintiffs had previously charged the
defendant, Nightengale, with having
taken and appropriated to his own use
that the notes and contract are null
and void of no effect; that Nightengale
was the secretary and treasurer of the
company; that the plaintiffs charged
him with the embezzlement of several
thousand dollars; that they frightened
Nightengale out Of $1,000; that he depos-
tied with the University bank the fur
.ther sum of $4,000 to secure this COM
pany against loss. and that in addition
to this the plaintiffs during the absence
of Nightengale broke open his private
desk, abstracted his papers and vouch-
ers. changed the combination on the
safe and refused to give it to said Night
engale and then threatsned to arrest
him. The defendants say the stock is
worth little or nothing by reason of the
debts of the firm. They pray for an
annullment of the notes and contract.
Waldo M. York appears for the plain
tiff and ex-United States District Attor-
-ney Dennis for the defendants, assisted
by General Bragg, a distinguished law
yer of Wisconsin.
The defense had several witnesses on
the stand yesterday, but the case will
probably occupy Judge Wade's attention
all of today.
COURT NOTES.
Mrs: Gregoria r. M. de Ward was
yesterday granted decree of divorce
from her husband, William Ward, on
the ground of cruelty and desertion, by
Judge Clark, in department two, yester-
day.
William Gottsche, native of Ger
many, was yesterday admitted to the
rights OF citizenship of the United
States, by Judge Wade, upon his pro-
duction of the necessary proofs Of resi-
oaths of allegiance and remuneration.
house, appeared before Judge B. N.
Smith, in department one, yesterday, to
plead to the charge of having conducted
q OLlhCcO pun S6AAOs "A 0ClAuhAOl WQ6
filed to the information by his attorney,
on the usual statutory grounds, but was
overruled by the court, whereupon the
defendant entered his plea of not guilty,
and his case was set for trial on May
LIST next.
Judge Shaw, sitting for Judge Van
Dyke, in department four, yesterday,
heard part of the testimony in the case
of Cole vs. Beesmycr, an action regard
ing private road in the Cahuenga val
ley.
The question of the legality of the
$75, 900 worth of bonds recently issued
by the new Palmdale irrigation district,
came up for hearing in department five,
yesterday, and occupied the attention OF
Judge Mckinley all day.
The long drawn out Taylor perjury
case was resumed before Justice Stan
ton yesterday afternoon. Miss Jessie
Marshall being put on the stand to tes-
tify for the prosecution in rebuttal of
the evidenced introduced by the defense.
The hearing will be resumed today.
THE KENNEL SHOW.
A Batch of Items About Some Sport