Los Angeles herald., 1891-03-17
AMONG THE COURTS.
A SAN DIEGO CUSTOMS COLLECTOR
SUED FOR DAMAGES.
The Crumb Adultery Case Goes to the
Jury-Damron Again-Notes of Yester-
days Legal Proceedings.


John Meek, wealthy ship owner of
Liverpool, commenced suit in the
United States circuit court yesterday
against John r. Berry, the collector of
customs at the port OF San Diego, to
recover $4,000 damages alleged to have
been sustained by reason of the illegal
detention of one OF his vessels by de-
fendant. The plaintiff alleges in his
complaint that the British steamship
Scandinavia, OF $50 tons register, of
which he is the owner, while on the
voyage from West Hartlepool to San
Francisco with freight and passengers,
put into the harbor OF San Diego during
a heavy storm on February 2lst last, for
the sole purpose of obtaining coal.
Although the captain of the steamer
attempted to explain matters to the col
lector of customs, that officer insisted
upon and did take possession OF the
ships papers, consisting of her register,
manifest and other documents, and
detained her at San Diego until March
3D., thereby damaging her owner in the
sum Of $4,000, the amount claimed
THE CRUMB CASE.
The trial of the case against William
Crumb, the fireman, charged with hav-
ing committed adultery with Mrs. Nam
ME Calvert, was resumed before Judge
Smith and jury in department one of
the superior court yesterday morning.
Deputy District Attorney G. G. McComas
opened the argument shortly after 10
O'Clock with a vigorous speech to the
jury, in which he briefly presented the
case as it appeared from his standpoint
as prosecuting attorney. He was fol-
lowed by w. A. Cheney, Esq, who occu-
pied the attention of the jury until the
midday recess in forcible and eloquent
speech, in which he argued that the
state had not made out it's case, as there
was no law in California which made
simple adultery criminal offense.
On reconvening at 80 o'clock, H. H.
Appel, Esq, took up the cudgel on be-
half of his client, and placed the case
before the jury in the light in which he
saw it.. Mr.. McComas made brief but
pointed closing argument, and few
minutes after o'clock the case was
entrusted to the jury.
After deliberating unsuccessfully for
some time the jury was locked up for
the night,
DAMRON AGAIN.
Ex-Assemblyman j. M. Damron ap-
peared before Judge Smith at 10 O'Clock
yesterday morning to plead to the three
charges of forgery recently preferred
against him. He was accompanied by
Hon. S. M: White, Esq.,, who filed
demurrer to the first of the informa-
tions on file againsr his client, on the
ground that it did not state facts suffi-
cient to constitute a public offense;
that it did not substantially conform to
the requirements OF sections $50, 951
and 952 of the penal code, in that it did
not state the acts constituting the
ohense charged in ordinary and concise
language; and that it was not direct
and certain as regarded the particular
circumstances of the offense charged.
The court overruled the demurrer,
whereupon the defendant entered his
plea of not guilty, and the case was set
Tor trial on Friday morning, April oath
next. The other four cases were con-
tinued until April 9th, when they will
be set for trial.
COURT NOTES.
On motion of Messrs. White and
Gage. the attorneys for the defendant,
the case against Henry Edelman which
was to have been tried yesterday, was
continued until the Esd inst.
Yesterday being law and motion
day in departments two, three, four and
five, no business of interest to the gen.
eral public was transacted in either OF
the civil courts.
Judge Clark has returned from San
Diego, and occupied the bench in de-
partment two yesterday.
Judge Lucien Shaw will preside over
department four, in the absence OF,
Judge Van Dyke, all this week, in order
to dispose of the jury cases which have
been set for trial during the present
term.