Los Angeles herald., 1891-09-08
THE COURTS.
Holiday Proclamation Which
Disturbed the Routine.
Several Criminal Cases Which
Were Considered.
Judge Wade's Decision in the Case OF
Dunlop VS.. Madison.
Several Legal Points in 1t Of In
terest-LOckredge VS.. Lockredge.
Court Notes - New
Cases Filed.

Governor Markham's labor-day proc.
lamation left great deal of doubt in
the minds of the superior judges as to
whether yesterday was or was not a
legal holiday. The proclamation "rec-
commended" that all OF the state depart
ments close, but did not order that they
do so, and the consequence was that
there remained question whether any
court business transacted yesterday
would 'stick." Judges Smith and Van
Dyke were cautious, and though they
accomplished some business, their
minutes of yesterday will be dated to-
day. The rest of the courts went on the
supposition that the day was not holi-
day, and were in session as usual.
THE CRIMINAL COURTS.
Judge Smith started to swear grand
jury yesterday, but owing to the gov
ernor's proclamation he decided to
postpone the matter until this morning.
A term jury will also be selected today
in department one.
The appeal case of l.. Hall, who was
| COhNlCICO VI DClOIS d JusblCc VI
the peace at Ell Monte and fined 800,
came up before Judge Smith on a mo-
tion for new trial. After hearing the
argument the court held that the lower
court had erred in instructing the jury,
and new trial was ordered.
In department one there are two trials
set for today-that of Cristoba Pima,
charged with assault with a deadly
weapon; and that of Leon Tredaunier,
charged with robbing a Southern Pa
cific freight car.
Frank W. Batchelder, a 16-year-old
boy, came before Judge Mckinley yes
terday on complaint of Humane Officer
Wright on a charge of being an incor-
rigible. He was committed to the
Whittier school.
The hearing of the writ of habeas cor
pus sworn out for Lille Bailey, the Ala
media street woman who is charged with
robbing young Monroy, was set for yes.
terday in department six, out was con-
tinued till tomorrow
Attorney @. G. Stephens had his client
Frank Powe)son before Judge Mckinley
on an application for writ of habeas
corpus. The petition was based on the
fact that Powelson was refused a jury
when ON trial for battery before the
police court. Judge Mckinley after
hearing the argument, denied the appli
cation and remanded Powelson to the
city jail.
Argument was heard by Judge Nc
Kinley in the application of Ah Lung
been convicted of gaming in the police
court. An appeal was taken because
the police Justice had refused the de-
fendant a jury trial. rhe court took
the matter under advisement, giving
the district attorney five days to file
briefs.
The appeal case of the People VS.. G.
Castera was stricken from the trial cal
endar of department six, the appeal not
having been perfected.
Judge Mckinley sustained the de-
murrer to the complaint in the case of
the People vs.. G. NJ. Pearley, the young
railroad telegrapher, charged with
forgery, and allowed the district attor-
ney permission to file new informa-
tion.
The trial of Felez Rios, who is charged
with robbing w. r. Rowland, of Puente,
of Spanish saddle and bit, was set for
September 18th, in department six.
DUNLOP VS.. MADISON.
Judge Wade, in department three.
handed down several decisions in cases
which had been under consideration
during the summer vacation. The fol-
lowing ruling in the case of H. R. Dun
lop VS.. Sarah G. Madison ct al, suit
on a promissory note, contains several
new points and is of interest:
"This action is brought by the en-
dorsee of note against the maker. The
Infn &c fIof I,nn 10 ion Of a
note failed before maturity and that of
this the endorsee had notice at the time
he received the paper.
'There is nothing on the face of the
note calculated to charge a purchaser
with notice Of any equities in favor of
the maker. The only notice of which
a purchaser of negotiable paper can
be affected when such paper is
taken in the ordinary course of busi-
ness and for value, is actual notice.
Not necessarily actual knowledge or ex-
press information of the facts that affect
its validity, but it must at least be no.
tice or information of such facts as
would justify an imputation of bad faith
on his part should he purchase notwith-
standing the notice and without further
Sin this case the note was purchased
in the ordinary course of business and
for value, and at the time of the pur-
chase the plaintiff had no actual notice
of any facts which were sufficient to call
for inquiry on his part. He was bona
fide purchaser for value. Hence the
judgment should be for plaintiff and it
is so ordered"
LoCKREDGE VS.. LoCKREDGE.
Judge Shaw yesterday heard testi-
mony in the divorce case of Lockredge
VS.. Lockredge, but denied decree until
further testimony could be obtained.
The husband is suing the wife (both OF
whom are colored) for divorce on the
! grounds of desertion. He alleges that
FIVE years ago. while they were living in
Wyandotte, Mrs. Lockredge deserted
him without cause and went back to her
parents. The testimony in the case,
however was so indefinite the court re-
fused decree.
| COURT NOTES.
In department five yesterday Judge
Shaw sustained the demurrer to the
complaint in the case of the City OF Los