Los Angeles herald., 1891-09-13
Woo Chung Applies for His Re-
lease ON Habeas Corpus.
A Jealous Man Mistaken For a
Lunatic.
Judge Mckinley Refuses to Send Lena
Cunningham to Whittier-Judge
Van Dyke Grants a Divorce.
General Court Notes.

which affirms the Judgment and order
made in this cause by the lower court.
The decision says:
"This action is Of the nature Of COM
mon law action Of assumpsit, the COM
plant containing three counts: ID for
goods sold and delivered; ~ for money
paid for the use of the defendant; and
(3) for labor performed by plaintiff for
defendant. AS to the first count, de-
fendant's answer admits the sale of the
goods, but pleads payment. As to the
second, the answer merely denies that
defendant is indebted to plaintiff in the
sum demanded. or any other sum. As
to the third count, the answer simply
denies that plaintiff performed the al
legged labor or any labor for defendant
at his instance and request. The answer
further alleges counter claims against
the plaintiff for money paid for plain
tif's use, for money loaned, for personal
property of defendant converted by
plaintiff to his own use, and for pastur-
ing plaintiffs COW. The balance of
plaintiffs demand, after crediting de-
fendant with the payment of $129.39, is
1878, and the amount of defendants
counter claim is 1878"
The jury which tried the case found
for plaintiff in the sum Of $500. Upon
this judgment and the order denying u
/ new trial an appeal was taken.
APPLYING FOR wRITs.
The application of Woo Chung, one Of
the Wong Ark witnesses who now Ian
guishes in Jail on a charge OF perjury,
for his release on writ of habeas corpus
was heard by Judge Mckinley in de-
partment six of the superior court yes
| terday. Attorneys Hardesty and Guth-
rie made the plea in favor of their client
that he had been held to answer on
merely secondary evidence, the testi-
mony at the examination being given in
! Chinese and translated by means of an
| interpreter. The court took the matter
under advisement, and gave each side
five days to file briefs.
Judge Clark in department two yes
terday heard the application of J. E.
Dunlap for his release from the custody
of the sheriff on writ of habeas corpus.
Dunlap was sent to the county iail by
Justice OF the Peace Morton, of Pomona,
for battery committed on the person of
j. E. Bettler. He was sentenced to pay
fine OF 5000 or to spend sixty days in
prison. The court took the matter of
the writ under advisement and re-
manded Dunlap to Jail.
! ON A PRoMIssoRY NOTE.
The trial of the case of NJ. G. West
brook VS.. the Southern California
National Bank was concluded in Depart.
ment two yesterday, argued, submitted
and taken under advisement. The
plaintiff alleges that in April last A. T.
Hagan owed him 5000, which Hagan
gave to Ben E. Ward for payment to
Westbrook. Ward deposited the money
with the defendant and gave Westbrook
check for it, but when the check was
presented the bank refused to pay it.,
on the ground that the money had been
applied on note held by the defendant
against the Ward Brothers.
HINDLE Is NOT INSANE.
Thomas Hindle was examined for in
sanity in Department one yesterday,
before Judge Smith and commits
sion consisting of Drs. Ramon and
Kierulff. The complaint against t
Hindle was made by his wife Louisa,
who stated that her husband had be-
come insanely and unreasonably jeal-
Gus, and that she was afraid that he
would do her some bodily injury.
Hindle, his wife said. had accused the
latter of being unfaithful, and had
threatened to punish her. The couple
have five children, the youngest of
which is eighteen years of age. The
com mmission, after hearing all of the tes-
timony, came to the conclusion that
Hindle was sane and recommended his
discharge.
! COURT NOTES.
The trial OF the case against All Sing,
who was charged with having robbed
DR.. Tom She Bin of $40, on the night of
July 31st last, in Chinatown, was con-
cluded after three days session in de-
partment six yesterday. The jury re-
tired at p. M, and at z O'Clock re-
turned with a verdict of guilty as
charged.
| Sheriff Gibson left for the north yes
terday with All Sea, who goes to San
| Quentin for one year, and Loue Tung.
| who has been sentenced to Folsom.
The sentence of Wong Ark was again
postponed yesterday by Judge McKin-
ley, the court being engaged with an
other case. The day for sentence was re-
set for next Thursday.
Mrs. Marie Carlhian is suing her hus-
band, Auguste Carlhian, for divorce.
Judge Mckinley yesterday heard the
application OF Mrs. Cunningham for the
commitment of Lena Cunningham, her
adopted daughter, to the Whittier
school. The evidence did not show that
the girl was in any way incorrigible, and
the application was denied.
The trial of the case of Clemente
Cruz de Coronel VS.. J. w. Wolfskill ct
al, suit to recover Judgment on
promissory note for $4,000, occupied the
whole day in Judge Wade's court, de-
partment three, yesterday. The note
was made in 1882, and bears the sigma
ture of ]. W. Wolfskill and Lewis
| Wolfskill. The latter, who died re-
Gently, left no estate, and the plaintiff
seeks to recover from J. W. Wolfskill,
nephew of the deceased, who, however,
denies that he ever signed the note.
Mrs. Martha A. Lewis obtained de-
cree of divorce in Judge Van Dykes
court yesterday from B. Lewis on the
grounds Of desertion. The defendant