Los Angeles herald., 1891-08-02
Judge Smith Denies a Habeas
Corpus Writ.
An Information Not Being Filed
No Basis for Release.
Two Marriage Knots Legally United
Yesterday.
A Couple of Divorces Granted by De-
fault-Thomas VS.. Parker-Court
NOtes-New Cases.

Smiths court, yesterday, to obtain the
release of Charles Sanders from the GUS
tody of the sheriff, on writ of habeas
corpus. Sanders has been committed
for trial on charge of grand larceny
for stealing horse and buggy from one
Charles Patton. His examination took
place over a month ago, but for some
reason the district attorney had SO tar
failed to file an information in the case.
Clayton White, the attorney, sued out
the writ and made an argument before
the court for his clients release, claim
ing that he was entitled to his liberty
on account of the district attorneys neg
lect.
The point is an old one, and as this
was the sole basis for the writ, the court
denied the petition, holding that though
the law makes it the duty Of the district
attorney to file informations in criminal
cases within thirty days after commit
ment. his neglect to do 30 does not con-
fer any benefit on the defendant. After
the courts ruling the district attorney
filed an information against Sanders,
and the time for pleading was set for
Monday.
TWO DIVORCES. e sat
Judge Smith released two women from
bonds of matrimony which had proved
somewhat irksome yesterday. Both
were default cases and they were heard
and disposed of with the usual expedi-
ton. Eliza Muller's excuse for asking
a divorce was that her husband, Fred
erick Muller, was an habitual drunkard
and abused her. The parties have been
married nine years and have no chill
dren. Muller is butcher. The testi-
mony showed that the husband abused
his wife shamefully on several occasions
and that she was in constant fear of in
jury at his hands. talEsfs
Belle Brown, negress, was divorced
from John Brown on the grounds of
cruelty. John came home one day, the
testimony showed, and jumped on Belle
with both feet when she was sick in
bed. On another occasion he hit her
over the head when drunk. a
THOMAS vs.. PARKER. g ffrt&
In the foreclosure case of Henry
Thomas We. J. L. Parker, Judge Smith
yesterday denied the motion of the de-
fendant for the discharge of the receiver.
1hC oClCuudA6 dIJCuRtCQ W eAOW tldb,
the land, which consists of seventy
acres near Cahuenga, was more than
worth the amount of the mortgage,
being salable at 5000 per acre. The
plaintiff contested this, however. and
set 6p the claim that not over $50 per
acre could be realized from it's sale.
COURT NOTES. l /
7. F. Livingstone and Silas E. Gas
kill, the Campo postmaster and deputy
postmaster, who are charged with de-
frauding the government, yesterday sue
ceeded in getting bonds in the sum of
$1,000 each and were released.
Miss Adeline Verhave, school
teacher, 26 years of age, was examined
for insanity before Judge Smith and
commission consisting of Drs. Bicknell
and Cowles yesterday. She was COM
mitted to the Agnew asylum.
E. b. Townsend obtained decree Of
foreclosure of $1097 80 mortgage yes
terday by default in Judge Smiths
court.
In the foreclosure case of J. w. Wood
ruff VS.. HI. Bolta ct al, Judge Smith
yesterday ordered decree of foreclosure
entered for the plaintiff in the sum of
$673.10.
The following cases against the Placer
ita Mining and Milling company were
yesterday transferred to the United
States circuit court from this county:
w. A. Murrall vs. the Placerita Mining
and Milling company; Los Angeles
Mining company vs.. the Placerita Min
ing and Milling company; James E.
Withrow vs.. the Placerita Mining and
Milling company, and A. @. Wurmser
VS.. the Placerita Mining and Milling
company.
The attorneysof Rev. Samuel J. Flem-
ing, who has been convicted and SEN
fenced for an assault with intent to
commit rape, filed exceptions in Judge
Smiths court Yesterday, which will be
heard on August 9Th.
NEW SUITS.
The Dayton Heights Improvement
company sues H.J Stewart to enforce
the fulfllment Of contract to purchase
land, on which $1367 .S3 is still due and
unpaid.
George L. Arnold sues Elizabeth
Colby to enforce the fulfllment of
contract to purchase land, on which
$449O is still due and unpaid.
The San Pedro Lumber company sues
M. l.. Wicks to compel the payment of
an accepted draft for $387. .05.
The Redondo Beach company sues
Ernest A. Miller ct al. to quiet title to
lot 20, block 208, Redondo.
The Redondo Beach company sues R.
L. Brewer ct al. to quiet title to lot %,
block 208, Redondo.
For mineral waters call on H. J. Woollacott
lZ4 and lZ6 N. Spring street