Los Angeles herald., 1891-06-26
Mr.. Wyatt Alleged to Have In
tended to Defraud Creditors.
Arrested as He Was Taking the Train
at the Depot.
The A fdavit Filed by Mr.. Bisbee-Judge
Mckinley Orders Wyatt Arrested.
The Managers Statement.
Charlie Cruz Denies
Some Charges.

Judge Mckinley, in a civil case, and
taken to the county Jail where he re-
mained till yesterday morning, having
been refused permission to furnish bail
and thus effect his release.
On Wednesday afternoon, between A
and O'Clock, Attorneys Thomas Brown
and VIM. Waters appeared before Judge
Mckinley, in behalf OF the plaintiff, in
the suit OF Seymour E. Bisbee vs.. III. c..
Wyatt, and presented an affidavit sworn
to by their client, in which it was al
legged that Wyatt was about to leave
town for the purpose of defrauding his
creditors, and asking that he be detain-
ed and brought before the court. Judge
Mckinley, upon this showing, issued the
order of arrest.
The fact that Mr.. Wyatt was to leave
for New York Wednesday evening for
the purpose of booking attractions for
the coming theatrical season was we'll
known at the time of the issuance of the
order, and Mr.. Wyatt's anticipated de-
parture could by no means be termed a
secret. That gentleman was consider
ably surprised, then. when he learned,
shortly after 8 O'Clock, that his trunks,
which had been sent down to the train
ahead of time, had been attached.
Jumping i.lto acarriage, the theatrical
manager drove down to the depot and
found Deputy Sheriff Cruz standing
guard over his luggage. After few
words of explanation, the officer asked
Mr.. Wyatt if it was his intention to leave
on the evening train, and on being in
formed that such was the case the arrest
was made, and Mr.. Wyatt was driven
back to the county jail, where he re-
mained till shortly after 10 o'clock yes
terday morning.
When Mr.. Wyatt was brought before
Judge Mckinley his attorney, George j.
Denis. made an argument for his re-
lease, and convinced the court that the
prisoner had no intention of absconaing
or defrauding his creditors. On this
showing Mr.. Wyatt was Immediately
discharged.
The history of the case which devel-
oped such sensational incidents is
about as follows: Suit was brought
against H. G. Wyatt by Seymour e.
Bisbee, proprietor of the Grand Opera
House saloon, on June 25, 1890, to OBJ
tain judgment on a promissory note for
$1,000, executed on February %, 1890.
The cause was tried on October 10th OF
that year, and Bisbee was awarded
decree of foreclosure on piece of prop
erty on Palm avenue, South Pasadena,
which had been mortgaged to secure the
note. This judgment, which amounted
to $1459.40, was only partly satisfied by
the sale Of the property, and there re-
mained a deficiency of about 5000,
which has not yet been paid. The par
ties in litigation came to some sort of an
agreement, by which Bisbee was to hold
the property and Wyatt was to redeem
it by paying the full amount of the
note, and this has been the status of
the case for some time past
Yesterday, after Mr.. Wyatt's release
in department five, he was cited to ap-
pear before Judge Wade in department
three on the fling of an affidavit by
Bisbee that he was concealing valuable
personal property not exempt from exc
cution. These supplementary proceed
ings were disposed of by Mr.. Wyatt
turning over to his creditor certain
secret order pin, which had been pre-
sented to HIM, and gold-headed cane,
the gift of the Conant boys.
Mr.. Wyatt was interviewed yesterday
Ill ICSdIQ w liio dllOcb anu gave iio obOty
of the occurrence. He said: ''Notwith-
rest was in the hands of the sheriff as
early as O'Clock Wednesday afternoon,
and was about my place all the after
noon and evening preparing to go to
New York, the paper was not served on
me till the last moment. 1 sent my
trunks down to the depot early in the
auopspry nd WOO c,,r,Nr,co1 to loo ~, M
8 O'Clock that they had been attached.
Captain Moody, Will Conant and l
hurried down to the Arcade and found
Cruz there with the luggage. As soon
as he took me in custody l asked him to
take me to the sheriff's office to see I'm
der-Sherif Moran, and this he agreed TO
do, but he would not allow my friends
to ride in the carriage with us. When
we got up town, however, he stuck his
head out of the carriage and told the
driver to 60 to the county jail
when we got up on the hill was
searched like a common criminal.
must say, however, that the jailor, when
he found who l was, treated me with
great deal of courtesy and offered me his
own private bedroom to sleep in. was
not allowed the privilege of telephoning
to my attorney or friends, though
asked that favor, and Mr.. Denis, who
was notified of my arrest by Mr.. Conant,
did not get to the Jail till midnight.
81 had asked repeatedly before this to
be allowed to give bonds, as number
of my friends wanted to 60 surety for
me, but the only reply / got was that il
was not bailable case. When my at
torney reached the Jail we agreed that,
as it was such late hour. should re-
main at the jail till morning, and ac-
cordingly number of my friends came
up and we played cards through the
rest of the night.
"Cruz treated me with the greatest