Los Angeles herald. [volume] (Los Angeles [Calif.]) 1890-1893, 1891-10-09
Mrs. ShOrb Under CrOSs-Ex-
animation.
Why Harris Gave Her the
Checks.
The Reservoir Condemnation Suit
Before Judge Shaw.
1Arraignments Before the United States
Court COmmissiOner-Notes
and New Cases.

~Shorb, and co-defendant in the suit O
the public administrator to recover $27, :.
900, which he alleges to have been OBJ
tanned by the parties named from DAME
J. Harris at time when the latter was
not of sound mind was under cross-ex
animation all day yesterday.
The case is attracting large crowds tc
department four. Both sides are conf
dent of victory, and every point is being
holly contested.
Col. G.. Wiley Wells, of counsel for the
plaintiff, conducted the cross-examina-
ton, which was Of the most rigid char
acter, but her direct testimony, given
Wednesday, was not shaken.
In the course OF her examination, yes.
terday, she testified that some time dur
ing the month OF June, 1890, Harris re-
quested her to gather up a number OF
papers which were scattered about the
room and bring them to his bedside.
She did so. Whereupon he asked her
to keep them. Among the papers were
mortgages, insurance papers and bank
book. The witness could not give the
She reiterated her statement made
Wednesday as to the $500 check. The
money was given in May and at the time
Harris expressed his gratitude to the
witness and her husband for all they
had done for him. He said at that time
that the only way he could help them
was by giving them money.
When he gave her the certificate for
-$25, 900 he again referred to what the
defendants had done for him, and he ad-
vised her not to disturb the principal.
The check for 81 ,288.35 was also re-
terred to. The witness could not tell
how it happened those figures were
named. Harris took out small piece
of paper, looked at it moment and
then asked Mrs. Shorb to fill out check
for the amount. This she did and he
signed it. The witness was examined
as to the deposition taken last winter.
Upon that occasion she testified differ
emily than now. At that time she de-
clared that the gift OF $25, 900 was given
to DR.. Shorb as we'll as herself. She
now states that the gift was made to
herself alone. The dispositions referred
to were taken before Judge Clark in de-
partment two after the petition for the
appointment of an administrator had
been filed, and the doctor and his wife
we're cited to appear and testify as to
the sum in their possession and which
is the cause Of the present controversy.
The attorneys for the plaintiff enter
tain the belief that the fact that a
gift of money made by an invalid to his
physician does not hold good in law may
possibly have induced the defense to
take the stand that the gift was made
to Mrs. Shorb.
DIR. Shorb will be placed on the stand
today. The defense will examine five
or six more witnesses, and the plaintiff
has some witnesses in rebuttal. The
testimony will not be in before Satur-
day afternoon.
CONDEMNATION SUIT.
The condemnation suit brought by
the Land, Reservoir and Power company
against S. Carrion was resumed before
Judge Shaw and jury in department
five yesterday morning, and was on all
day. The plaintiff was examining wit
nesses to fix the value of the 108 acres
of land belonging to the defendant in
the action, which is desired by the
company as reservoir site. Witnesses
placed the value of the land at from $10C
to $3.50 per acre, and the testimony for
the most part was to the effect that the
remainder of defendants property would
not be materially damaged should the
land be taken. The reservoir the plain.
tiff proposes to build is of 5,000,00 ,00(
gallons capacity.
NOTES.
Judge Van Dyke yesterday granted 6
ten days stay of execution to the de-
PENDANT in the case of Mesnager VS.
Hamilton.
The trial of Wong Sing, Wah Fook
An Sing ct al. was continued by Judge
Mckinley to October goth.
Stephen D. Fairfield was arraigned
before United States Commissioner Van
Dyke, yesterday, for selling liquor tc
Indians, at Fresno. He was remanded
for examination on Wednesday next.
T. F. Livingston and Silas E. Gaskell
were before United States Commissioner
Van Dyke, yesterday, on a charge Of
making false returns to the treasury
department Livingston is postmaster
and Gaskell deputy postmaster al
Campo, San Diego county. 1t is alleged
that they falsified the accounts of the
office. They were arrested some time
ago on the same charge, but escaped
trial on technicality. November 14th
was set for their examination.
NEW SUITS.
The following new suits were filed
with the county clerk yesterday;
The National Bank of California vs..
Colt, Barton and Cowles. Suit to re-
cover on ten promissory notes Tor an ag-
craoo tn amOunt of X4OSS. 10.
W. S. Wright, trustee, vs.. L. u. Kel-
logg ct al. Suit to recover $4,000.
Savings Bank of Southern Calitornls
VS.. Nellie H. Gleason and Robert Nc
Kee. Complaint on foreclosure OF mort
gage for $1,000.
Amanda Kidwell VS.. George Greeley
Suit to enjoin defendant from taking
water belonging to plaintiff.
Giuseppe Bonino VS.. Marcelllno Russo
ct al, complaint on foreclosure OF mort
gage for $500.
Josephine GARNER, widow OF Leo1
GARNER, petitions for the appointment
of P. Mailles administrator to the estate
OF her husband, the value of which Ii
placed at $17 ,600
Pauline A. Leosee petitions for the ap
pointment of her father, Emory A
Leosee, guardian of her estate.
CHAMBER OF COMMERCE.