Los Angeles herald., 1891-03-21
AMONG THE COURTS.
CRUMBS FRUITLEss ATTEMPT TO
SET ASIDE A VERDICT.
He viii be Sentenced on Monday-Two
Will Contests Before Judge Clark "A
Batch of Notes.

fore Judge Il. N. Smith, and by hi.
attorney, F. r. Willis, Esq, moved tn,
court 20 discharge him from custody OF
the ground that the verdict returned by
the jury did not find him guilty al
charged, in that it concluded with the
words "but do not find, beyond reason
able doubt, that the defendant was mar
ried man at the time" The court denied
the motion, without waiting to heal
argument thereon, ,whereupon Crumb re
turned to his quarters at the county jail
to await sentence, which will be passed
upon him on Monday next, unless, as is
very probable, his attorneys move the
court for an arrest of judgment, and de-
lay OF further proceedings.
TWO WILL CONTESTS.
Judge Clarke was occupied for some
time yesterday in hearing the contest
over the will of the late Andrew Joughin,
Sr., who died February 7, 1889, leaving
real and personal property in this county
valued at $113,6l0, to be divided among
his widow (who was appointed as exc
cutrix) and their seven children.
The will bequeathed a sum OF $4,000 to
be paid to each of the six younger chill
dren in cash "as soon after my death as
sufficient money can be collected from
my estate, and after the funeral ex-
penses and those OF my last sickness
have been paid and the expenses of ad-
ministration."
His son Andrew, Jr., was excepted
from the $4,000 divide, because his father
had advanced him 900 previously.
"All the rest and remainder" of his
property he devises to his wife to be
used during her life, the rents and
profits thereof to be hers absolutely,
but the estate in her hands to remain
intact and at her death to be divided
among all the children in equal shares.
1t is alleged that instead of paying the
special legacies she proceeded to treat
the whole estate as being very much
her own.
Two of the children, Matilda Muir
dock and Emma Joughin Osborne,
therefore pray that their mother, as ex-
ecutrix, may be made to account for all
she has received while holding the es-
tate. and that she may be required to
pay over the sum of $4,000, which she
has up to the present failed to do.
The attorneys for the children are
Wells, Monroe & Lee; for the executrix,
brOuSSeau ~ HaCcn.
Another probate contest came up for
hearing, and was taken under advise
ment by Judge Clark, yesterday. This
was the matter OF the petition of D. w.
Field, as public administrator, for let
ters of administration to the estate of the
late Calvin P. Austin, who died in
April, 1889, at Salem, N. Y, leaving
real property in this county valued at
100000. Another applicant appeared in
the person of William Austin, of Pasa-
dena, who claims to be the next of kin
to the deceased; and Charles E. Swales
also appeared and ON behalf Of the other
heirs, made similar request.
COURT NOTES.
The case of J. G. Adams VS.. DIR. Zahn
came up for hearing before Judge Nc
Kinley in department five yesterday,
and was finally submitted on Briefs
This was an action on street assessment,
in which the plaintiff alleged that in
1884 he graded part of Hope street, near
Fourth street, opposite the defendants
property, the work being passed upon
and accepted by the city engineer, board
ent, but subsequently the whole street
was ICSldQCu ny OlOCl vi tllC COQiCl1.
whereupon defendant refused to pay the
amount in which he was assessed.
Judge Walter Van Dyke, who for sew
eral weeks past has been confined to his
room with serious attack OF erysipelas,
was so far convalescent yesterday as to
be able to visit his chambers, where he
number of his fellow members OF the
hor rbo1rh ~ turollx, ctil1 co,,,aub bot
weak physically, the Judge intends to
resume his duties as soon as possible,
and actually did grant motion in the
case of Cobb VS.. Harmon yesterday, as
an earnest of his intentions.
Judge Smith yesterday denied the mo-
ton made by the defendants attorney
in the case against James Neil, recently
convicted of having voted illegally at
the last city election, for an arrest of
Judgment, and sentenced Neil to i'm
prisonment in the penitentiary at San
Quentin for the period of one year.
Max Harris appeared before United
States Commissioner Van Dyke yester-
day for preliminary examination into
the charge of having on January 10Th,
last, sent letter addressed to ''M. ii.
Flood. San Fernando, Cal, )" containing
list OF prizes awarded at the drawing
OF the Louisiana State lottery of Tues
day, January 13, 1891, in violation of the
laws in relation to the United States
mail, and was held to answer under
bonds in the sum of $500.
The taking of testimony in the pre-
iminary examination of j. S. Taylor,
the Del Mar hotel man, charged with
perjury, which has occupied the atten-
tion of Judge Stanton for so many weeks
past, was concluded in the township
court yesterday, and the case was con-
tinued for argument until Thursday
next.
The preliminary examination OF
O'Brien, also charged with perjury, will
be commenced on Monday afternoon
next.
A complaint was filed in the township
court yesterday by Robert Neisse, a res
ident of Sebold street, Brooklyn Heights,
charging a neighbor named Reinchild
with having committed the crime of
malicious mischief on the 18th inst, by
willfully destroying barbed wire fence
belonging to the complainant.
L. M. Slocum filed a complaint with
Justice Stanton yesterday in the town
ship court, charging Lew Adams with
having battered him during an alterca-
ton earlier in the day.