Los Angeles herald., 1891-08-14
The LeOnis Estate BObs Up
Again.
A New Citizen and His View
of the Constitution.
A Possibility That the Itata Case
Will be Delayed. ~
Proceedings Yesterday in the Various
Courts-Some Interesting Matters.
Court Notes-New Suits.

The case OF G. l.. Mesnager and John
Robarts, executors of the estate of
Miguel Leonis We. E. Hamilton and
Samuel Hamilton, came up on motion
to strike out the complaint before Judge
| Shaw Yesterday. This is a suit to re-
cover on $1,000 note executed by the
defendants in favor OF Miguel Leonis
during his lifetime. After hearing tes-
timony on the motion the court made
an order that the complaint would be
stricken out unless the plaintiffs appear
as ordered before w. S. Waters, notary
public, on August 18th, and give testi-
mony.
The counsel for the plaintiffs objected
to the order on the ground that the
court had no authority to order deposi-
tions taken before notary public; that
the court commissioner was the proper
person before whom to take dispositions.
Attorney Robarts presented this point
to the court at length and cited several
authorities in support OF it, mainly from
the Second California Reports. The
objection of the attorney was overruled
by Judge Shaw, however, who stated
that he was merely following a long line
of precedents. The plaintiffs excepted
and the point may be heard from again.
MAKING A CITIZEN.
John B. Darius, native of France, SO
years of age, who came to America in
1872, went before Judge Shaw yesterday
to obtain naturalization papers. Darius
is sheepherder from Ventura county,
and, although he has been in this
country nineteen years, he talks Eng
lish so imperfectly that he can hardly
carry on an ordinary conversation. He
stumbled along with the questions the
Judge asked him in painful way till
stand the constitution of the United
States" Then Johns face frightened
up, and he replied gleefully: ooh, yes,
his name is Harrison"
The relevancy of the answer was not
quite apparent to the court, but beyond
the fact that Darius was little thick
witted, there appeared to be nothing
against his character and he was made
a citizen.
THE ITATA CASES.
The trial of the case against Burt,
Trumbull and O'Farrell, for disregard
ing the neutrality laws, which is set for
September 10Th, in the district court,
may be delayed by an order which the
counsel for the prosecution has received
from Washington, instructing them to
send to London for depositions. No re-
turn has yet been made on the commits
sion sent to South America for testimony
in behalf of the defense. The testimony
to be taken in London relates to the
ownership of the steamer Itata, and
may have bearing only on the libel case
against that steamer.
COURT NOTES.
In the case of the Los Angeles Termi-
nal Railway Company vs. J. w. Drown
ct al, the plaintiff deposited the amount
OF the judgment and costs, in court yes
terday, and obtained an order that,
upon the payment of $3.50 for Drown,
and $75 for the Temple estate, to cover
future damages, it should be let into
immediate possession of the condemned
premises.
In the case of w. H. Featherstone va.
d. Pearl ct al, an action to foreclose
contract to purchase land, the plaintiff
deposited deed in escrow yesterday in
court, and obtained an interlocutory de-
cree calling upon the defendants to pay
$170O, the default payments under the
contract, before September 9Th, or re-
lease all claim to the property.
Judge Shaw yesterday granted the
Church of the Unity permission to sell
its old church property ION Seventh
street, near Broadway, and buy other
lots, giving mortgages for the same.
The district attorney yesterday filed
an information against John Ryan for
burglary, in department one. August
14th was the day set for arraignment.
The supreme court session at San
Francisco adjourned with the close OF
last week. The court will sit in Los
Angeles on the second Monday in Octo-
ber.
NEW SUITS.
The Los Angeles Savings bank sues