Los Angeles herald., 1891-08-23
Experts Say the Trees Con-
tain Eight Kinds Of Scale.
Matters Which We're On in the Va
riOus Courts Yesterday.
Vacation Over-Fivr Departments Of the
Superior Court to Be Open
TomorrOw-Court Notes.
New Cases.

condemn and destroy $4,000 orange
trees as public nuisance, was called for
trial yesterday before Judge Shaw. The
suit was brought by District Attorney
McLachlan at the instance of the horti-
cultural commissioners and by consent
of Attorney General Hart. The trees
were brought to San Pedro from the
Tahiti islands on June 18th. Soon after
wards, while making an examination OF
the stock, the horticultural commission
ers discovered quantities of scale on the
trees and ordered them fumigated. They
were treated with gas, and another in
spection followed. Scale was again found
on the trees, and a second furnigation
was gone through with. Then the COM
missioners made third inspection OF
the stock and the bugs were found to be
still there. Suitwas thereupon brought
condemn the trees.
The Meserves are making strong
and bitter fight for their property, and
claim that they are being prosecuted.
The day after the filing OF the complaint
in the case now on trial George J..
Mitchell was arrested for perjury on
complaint OF A. r. Meserve, the basis
of the charge being statements he had
made in the complaint under oath,
which were said to be false.
Professor Craw, quarantine officer for
the state board of horticulture, was the
principal witness for the prosecution
yesterday. He stated that, in company
with Professor Coquilette and others,
he had made repeated examinations OF
the stock since its arrival. He found
eight species of scale, five of which
were new to California, and also root
borer. The latter insect was quarter
of an inch in diameter and over an inch
long, being of gray or brown color. 1t
bores into the roots of a tree and it is
almost impossible to dislodge or destroy
it. The first fumigation was made on
later, neither of which did any good.
The professor named the purple scale
as one of the insects infesting the trees,
which all measures taken go far had
failed to destroy. One of the new pests,
he said, digs in under the bark of the
trees and no known means could remove
it. The fumigation which the trees had
undergone was 80 severe that some of
the tender shoots were destroyed, but
the bugs were not. The only way to
destroy the pests in the witnesses opin-
ion, was to destroy the tree.
at the afternoon session more testi-
mony was introduced for the state, and
the defense put on several witnesses.
The Meserves claim that the trees are
free from scale, and that the groves OF
Southern California are not in danger
from them.
Judge Shaw will hear the argument
Monday.
VACATION OVER.
Five departments of the superior
court will be in session tomorrow, in
stead of one. as has been the case for
the past six weeks. The court vacation
is at an end, and the litigants will now
again have a chance to fight it out"
and give the lawyers something to do.
Judge Smith, who held down the six
departments in the absence of the other
judges, and who is now taking vaca-
tion in Bear valley. will be absent from
the city for several weeks yet, and his
work will h1 attended to by the other
criminal department. Four of the court
rooms in the new building are COM
pleted, and will be occupied tomorrow.
Judge Mckinley will use Judge Smiths
court room till he returns, when his
own, in the ebay window" of the second
floor, will be finished. Judge Wade
will use the former court room of de-
partment one, in the Murietta build
ing, until his quarters on the third floor
of the court house are completed, which
will be In about two months.
COURT NOTES.
Jacob Roger yesterday swore to a
complaint against Lewis Greenslade
(Lewis the Light, charging him with
insanity. Lewis was arrested, and is
now awaiting examination at the county
Jail. Greenslade is undoubtedly little
cracked, but he has never been known
to do anyone any injury, and although
he has been examined for insanity at
least half dozen times, he has always
been turned loose as harmless lunatic.
Greenslade was formerly baker in this
city, and has three small children.
Charles Joseph Charters is suing
Jeanette Smith Charters for divorce,
and Henrietta Sievers has brought a
similar suit against Albert M. Griffith.
Judge Van Dyke is making very en-
viable record for himself in the matter
of handing down decisions that "stick.'
He has recently been upheld by the su-
preme court in the following cases
Mills vs.. the City of Los Angeles, New
ton vs.. Hull, Welcome vs. Hess and
Burkett VS.. Griffith.
NEW CASES.
Preliminary papers in the following
new suits have been filed with the coun-
ty clerk
E. E. Brainard ct al. sue Frank Ey-
raud ct al. for $500 damages caused by
the pasturing of sheep on plaintiffs
lands.
The W. H. Perry Lumber and Mill
company sues James G. Pobst ct al. to
foreclose mortgage for 5000.
The Southern California National
bank sues w. O. Merithew ct al. for
judgment on promissary note for $500.
w. s. Spencer sues M. j. Fontana for
$4,000 damages for defamation of char
acter.
Samuel w. Little sues Eusieus Pollard
for 81, ,008.75 damages for breach of con-
tract for the purchase and sale of fruit
trees. "
Malenda E. Ellis petitions to be ap-
pointed guardian of her four nieces and