Los Angeles herald., 1891-06-27
THE COURTS.
TWO DIVORCE CASES HEARD BE-
HIND CLOSED DOORS.
A Sexagenarian Seeks to Be Relieved of
the Bonds of Matrimony-Alva Udell's
Bail Money-Court Notes.

Departments five and three of the su-
perior court were occupied the greater
part of the day yesterday in trying di-
vorce cases in which the testimony was
presumably of somewhat salacious ma
ture, as the doors of both courts were
closed to the public and bore signs OF
mo admittance." The case OF Jos. M.
Clarke vs. Rachel M. Clarke, in which
the plaintiff prays that the bonds Of
matrimony may be dissolved between
him and his wife, was heard before
Judge Mckinley. The parties to this
suit are both at least three score years
of age and have children and grandchil-
dren. The charge is desertion, Mrs.
Clarke, it is alleged, having removed
from this city to Santa Cruz and refused
to live longer with her husband. Mrs.
Clarke does not combat the divorce, but
asks division of the community prop
erty and alimony. The case was con-
tinued till today.
The case tried before Judge Wade was
that of Mary J. Dubbs vs. John R.
Dubbs, and the grounds on which di-
vorce is asked are ill-treatment on the
part of the defendant. The attorneys
for Dubbs filed an affidavit in support of
motion for new trial, but the court
denied the motion and ordered the hear
ing to proceed. The plaintiff introduced
number of depositiors and Mrs. DuDbs
was called to the stand. Her testimony
iourned.
ALvA UDELL's BAIL MONEY.
The question of the ownership of the
$500 in gold. which Alva Udell placed
in the hands of Justice Theodore Savage
as bail money about a year ago, was
yesterday decided in department two OF
the superior court. 1t will be remem-
bered that Udell was arrested for biga-
my and was released after deposit
ing cash bail in the amount named
above. Then came ID. +. Besecker,
who attached the money in Justice Saw
ages hands and had the justice himself
arrested. Savage asked for and obtained
the permission of the superior court to
deposit the money with County Clerk
Meredith pending the litigation Of the
matter. AS soon as the money was
transferred to the county clerk, Caroline
Udell, a divorced wife of the alleged
bigamist, brought suit against Meredith
to recover it as part of the alimony she
had been awarded when she obtained
her divorce. Meredith gave the money
to County Treasurer Banbury, and it has
been in that Office ever since. Besecker
came in as an intervenor in the suit of
Mrs. Udell against Meredith, but he
finally gave up the fight, and yesterday
Judge Clark gave Mrs. Udell judgment
by consent, she taking the $500 and
Besecker paying costs.
CONFLICTING MINERAL CLAIMS.
When the case of William Cain ct al.
vs. the Mt. Gleason Mining and Milling
company was called in department four
yesterday, the attorneys for the plaintiff
appeared and stated that the case had
been settled and dismissed. Cain and
quiet title to the land on which the Bay
State mine is located, near Acton. The
plaintiffs alleged that they recorded
claim against the land on July 8, 1889,
the property at that time belonging to
| the government. The Mt. Gleason
company, however, on September 5, of
| the same year, also filed claim for the
same property.
Before Judge Wade, yesterday, the
attorneys of the Los Angeles Consoli-
dated Electric company filed petition
in the case of E. S. Russell VS.. the Pa
cifc railway company, on hearing which
! the court ordered that copy of the pa
per be served on Receiver j. +. Crank,
and that he be cited to appear at 10
O'Clock this morning and show cause
why the same should not be granted.
The petition asks that the Electric road
be allowed to run over portion OF
the cable company's tracks.
The appeal Of Ah Lou, who was con-
victed in the police court of selling lot
terry tickets some time ago, came up for
hearing yesterday in department one of
the superior court. The grounds of the
appeal are that the complaint does not
set forth sufficient to show that public
offense has been committed; that it
was not shown that the paper
Lou sold was a lottery ticket, and
that the defendant was denied consti-
tutional right when he was refused a
Jury. Attorney Hardesty argued the
case for the appellant and District At
torney Phibbs for the respondent.
Judge Smith took the matter under ad-
visement.
Antonio and Marie Benasio came up
for trial on charge of battery before
Justice Stanton yesterday, but on mo-
tion of the counsel for the defendants,