Los Angeles herald., 1891-04-15
AMONG THE COURTS.
THE TRIAL OF THE KAwEAH COL
oNIsTs YESTERDAY.
The Testimony Taksn--Casas in the
Supreme Court-Nctes of Cases in the
Superior Courts.

DAY, TO WlCness tne trial OIL Burnett u.
Haskell, HI. T. Taylor, J. j. Martin,
William Christie and H. s. Hubbard,
charged with cutting timber on govern
ment land in Kaweah caiIon, in Tulare
county. The defendants are the trus-
tees of the well-known Kaweah cooper
ative colony and claim the land as their
own. They are charged with cutting
timber for export and sale in the case at
issue, and another one is to follow when
this is done. H. @. Dillon, ESQ.,, ap-
peared for the defense, and Willoughby
Cole, United States attorney, for the
prosecution. The first witness called
was Martin ]. Wright, register of the
United States land Office at Visalia.
He testified as to his official position,
and introduced the books of the land
office in evidence. These books showed
that section 10 was opened to settlement
April 3, 1884, but that no record Of any
entry was found on two of them; as to
whether any record was to be found on
the third witness did not know. The
right of entry en- this land was sus-
missioner OF the general land Office, and
no entries were thereafter permitted.
The contention OF the defense is that no
power resided in the commissioner to so
suspend right granted by congress.
The register testified that an Gentry"
meant the act of fling the declaratory
statement, and in this definition he per-
sisted, though urged otherwise by his
counsel.
A. g. Patton, surveyor, followed He
located the mill of defendants on Sec
tion 10; said there was not much tim
Der on said claim; saw many improve
ments on it and got to it over twenty
mile wagon road built by defendants.
It was in rugged, mountainous coun-
try, interspersed with narrow valleys.
A. w. Caldwell, government special
agent, testified that he had seen trees
cut, and that the defendant Martin had
told him that they had legal right to
cut them. He admitted that the de-
fendant Taylor told him that they were
cutting on one Zobrist's claim. On
cross-examination the defense attempt
ed to show that Moore and Smith, of the
San Joaquin Lumber company, were at
the back of these prosecutions but the
witness did not know them.
George Sheed, a member of the colony,
was called and stated that he had on
several occasions cut timber on the land
in question, at the instance of the de-
PENDANTS, but on cross-examination he
admitted that he knew that Zobrist had
pre-empted the land and improved it.
B. Freeze, John Uhlman and Julius
Pfeiffer testified to the same effect, but
the first named witness created consid-
erable amusement by his naive admis-
sion on cross-examination that he would
like to see the defendants convicted in
spite of the fact that he believed in
''forgiving his enemies
At the close of their testimony the
prosecution rested its case, and con-
tinuance was ordered until this morn
ing, when the defense will introduce its
witnesses.
THE SUPREME COURT.
At yesterdays session of the supreme
court before Chief Justice Beatty, and
Justices DeHaven, Garoutte, Harrison,
Paterson and Sharpstein, sitting in
bank, four cases were argued and SUBJ
mitted, it being stipulated in each in
stance that Justice Mcfarland be al
lowed to participate in the decision of
the cause. These were the William
mette Steam Mills Lumber and Milling
company ct al. VS.. M. Kremer ct al, an
important mechanics lien case, Man
ming VS.. Den, Herberger VS.. Husman,
and Hewitt vs.. Dean ct al.
The case of Sormer VS.. Somers ct al,
was by agreement of the attorneys
therein, submitted on the briefs already
on file.
In the case of the Arroyo Ditch COM
pany VS.. the Superior Court uf Los An
no1ac fu ~ M nrdorod that fhn
writ issued therein be returnable before
the supreme court in bank, at Sacra-
mento, on May 4th, at 2 O'Clock p. m.
On motion of D. P. Hatch, Esq, the
appellant in the case of Underhill vs..
the Santa Barbara l.. B. & 1. Co., was
granted twenty days time in which to
file his brief, the respondent being al
lowed twenty days further in which to
reply.
Upon motion of S. p. Mulford and
presentation of license from the su-
preme court of Illinois, A. E. Mutt was
duly admitted to practice in all the
courts of this state as an attorney and
counsellor at law.
The case of Archer vs. Salinas City,
which has been pending in department
two, was transferred SO as to be heard
and determined by the court in bank.
A writ of habeas corpus was isued for
w. A. Spears, returnable at San Fran
cisco on the 9th inst, at 10 O'Clock a.
M, in accordance with his petition.
Court convenes again this morning at
10 o'clock.
COURT NOTES.
A writ Of habeas corpus was issued by
Judge Clark in department two yester-
day, in response to the application of
Jose Bravo, directed to Francisco Le-
febre, of Carabatas, requiring her to
produce the body of Jose Maria Cafio, a
minor, who is alleged to be illegally de-
tanned by Mrs. Lefebre, on the 10th
inst.
Judge B. N. Smith and a jury were
occupied all day yesterday in the trial
of the case against Nicodemus Urquides,
charged with having committed the
crime of burglary at M. D. Beall's ranch,
at La Ballona, on the night of November
9th last Assistant District Attorney
@. G. McComas conducted the prosecu-
ton, and John Robarts, Esq, appeared
on behalf of the defendant. The case
will 60 to the jury today.
The case of Alpheus Bull vs.. G. L.
Strong ct al, which has been pending
in the superior court of this county for
several terms, came up again for trial
before Judge Wade in department three
yesterday, and will in all probability oc-
his nd; Jado n tavx t:o,, Gov