Los Angeles herald., 1891-02-08
THE COURTS.
Proceedings Yesterday in the
Various Tribunals.
Judge Ross Finally Settles the
Case Of People VS.. Davies.
Leila Calvert Committed to the Care
Of Her Grandmother.

What Was Done in the Superior Courts.
The San Pedro Lumber Company's
Case Still On Trial-New Suits.
In the United States districtcourt yes
rterday morning Judge Erskine M. Ross
denied the motions made by j. d.
Bethune, Esq, attorney for the defend
ant in the case against John Davies,
who was convicted ON Tuesday last of
preventing Robert Cathcart from set
tling on a piece OF government land in
Bartlett cafion, Santa Barbara county,
,by threats and intimidation, for an
arrest Of Judgment and new trial, and
sentenced the defendant to pay fine of
$40 and to be imprisoned in the county
Jail for period OF ten days in addition
thereto. The court, in passing sentence,
said the matter should never have been
brought into criminal court, but
should have been adjudicated in the
United States land office. The circum-
stances Of the case, however, in any
event, justified light sentence.
Davies swore to a complaint against
Robert Cathcart, charging him with
having assaulted him with an axe on
the same occasion upon which the offense
he had been convicted of was committed.
but at the preliminary examination held
yesterday, before United States Com
missioner Van, Dyke, the evidence was
insufficient to.justify the court in hold
ing the defendant to answer to the
charge, and Cathcart was therefore dis
charged, much to the chagrin OF the
complainant.
SUPERIOR COURTS.
In department two, yesterday, the
trial of the cause of the San Pedro
lumber company VS.. Merrick Reynolds
ct al, which has occupied the attention
OF the court for the past two weeks, was
resumed before Judge Clark, and will
again be taken up on Tuesday next.
terday, issued writ of habeas corpus.
Mamie Calvert, who was recently held
to answer by Justice Owens to the charge
of adultery, for her six year-old child,
Leila, returnable at o'clock p. m.
At that hour, all the parties
concerned in the matter appeared in
court, and Isaac Calvert, the father of
the child; Mrs. Mamie, Calvert, her
mother; Mrs. Eva Tibbetts, her aunt;
and +. R. Willis, Esq, her mothers at
torney, were examined. 1t being shown
that the child's father, was an habitual
drunkard /; that her mother was confined
in the county Jail awaiting trial upon
criminal charge, and that she had been
in the custody of her aunt until taken
away by her father a few days ago, it
was ordered that the custody of the
child be awarded to her grandmother,
Mrs. Elizabeth T. Tibbetts, until the
further order Of TIC court. It was
further ordered that the father should
be allowed to see his child once day;
but Judge Wade sternly warned Calvert
"to be in suitable condition as regards
intoxication when he SO visited the
child"
Judge Wade yesterday severed the
matrimonial bonds OF two ladies, who had
found marriage to be failure. In the
case OF Flora l.. Roberts vs.. j. f. Roberts,
a suit brought to secure divorce
on the ground of abandonment and fail.
ure to provide, the court ordered q de-
cree as prayed for, the plaintiff, who
was allowed to resume her maiden
name, being awarded alimony during
the time she remains unmarried in the
sum of $75 per month.
In the second case, which was that of
Louisa f. Higley, who sought to be di-
vorced from Frank Higley on the ground
of habitual intemperance, decree was
ordered as prayed for.
In the same court, the temporary in
junction allowed in the cause OF Reed
VS.. Macleod was ordered dissolved and
set aside.
In tile matter Of the cause OF the Peo-
pie ex rel. S. G. Headley vs.. the Board
of Supervisors, which suit was brought
in October last, to obtain writ OF man
date compelling it to. provide for the
holding OF an election for, and to ceter-
mine the boundaries and designate
proposed new irrigation district near
Azusa. in response to petition filed
july 7th last, Judge Mckinley rem
dered Judgment for the defendant, the
plaintiff having failed to amend his
complaint. or to appear in court when
the cause was called for trial in depart
ment four yesterday.
THE TAYLOR PERJURY CASE.
In the township court yesterday, the
preliminary examination into the case
against Jacob S. Taylor, who is charged
with having committed perjury during
the trial OF the sensational case insti-
tuted against him by Miss Jessie Mar
shall, in the superior court, who was
awarded damages in the sum Of $25 900,
in the superior court q few weeks ago,
was resumed before Justice Stanton.
Miss Marshall was upon the witness
stand for several hours, and was sub
jected to rigid cross-examination by
CO. Stephens, ESQ.,, one OF defendants
attorneys. She bore herself through the
trying ordeal very bravely, and an
swered all the questions put to her with
out hesitancy or reservation.
g. Reinhardt, the proprietor Of the Ar
.cade hotel at the Wolfskill depot, was
examined briefly as to the arrival Of Tay-
lor and Miss Marshall at his hotel, his
register being introduced in evidence.
At "A 80 O'Clock a recess was taken until
Monday morning next, when the case
will be resumed.
John Long, butcher, appeared before
Township Justice Stanton for arraign-
.ment upon the charge OF battery, pre-
ferred against him by boy named Is
rael Stewart. He was admitted to bail
in the sum of $l00, to appear for trial on
the 18th inst.
NEW SUITS.
Among the documents filed with the