Los Angeles herald., 1891-03-19
AMONG THE COURTS.
NIGHTINGALE IS DECLARED NOT
TO BE AN EMBEzzLER.
A Chinese Gambling Case on Trial--The
Sunday Saloon Closing Ordinance-A
Number of Cases ActedUpon Yesterday.

The case OF Morrill, ct al. vs. Nightin-
gale ct al. was concluded in department
three Yesterday morning, Judge Wade,
after hearing the argument, rendering
judgment for the defendants, and that
plaintiffs take nothing by their action.
This is the case in which it was claimed
that Mr.. Nightingale had embezzled
moneys Of the Milwaukee Furniture
company, of which he was at the time
secretary and treasurer, and had signed
a contract to buy out the plaintiffs in
the business for 100000, giving his notes
in payment. The defense denied the
embezzlement and claimed the contract
was signed under duress. The finding
OF Judge Wade sustains this view OF it,
and the contract and notes are cancelled.
In department two yesterday the mat
ter OF the application of Robert Bell, a
saloon keeper, for writ of prohibition
enjoining Police Judge M. T. Owens
from trying a case in which the petit
tioner was charged with violating the
Sunday closing ordinance, was sub
mitted to Judge Clark on briefs. SINH
lar action was taken in the case of Gill
bert VS.. Kremer, a foreclosure suit.
In department one of the superior
court yesterday two Mongolians, named
All Charley and All Louis, charged with
gaming, and Pedro Ramirez, Mexican,
charged with gaming, appeared before
Judge Smith to plead. All three by
their attorneys filed demurrers to the
informationn on file against them, on.
the usual statutory grounds. but all
were overruled by the court. Each Of
the three defendants then entered his
plea OF not guilty, and the cases were all
transferred to department six for trial.
James Neil, who was recently con-
victed Of having illegally voted at the
last city election, appeared with his
attorney for further argument on a
motion for new trial, but at the
request of the district attorney further
continuance was ordered.
Judge Shaw, sitting in department
four for Judge Van Dyke yesterday,
ordered judgment for plaintiff in accord
ance with the stipulation filed in the
suit of the East Side bank VS.. J. M.
Gamble ct al. This was an action to
foreclose mortgage on block l OF the
New York tract at Garvanza, given on
April A, 1888, as security for the pay
ment of three notes for $2413. "a each.
The trial of the case of Seward Cole,
road overseer OF the Cahuenga road dis
trict, against w. Beesmyer was yester-
day concluded in the same court, being
submitted on briefs. 1t is claimed by
plaintiff that defendant, who owns 100
acres of land bounded by the Los Angeles
and Santa Monica foothill road, had in
cluded ten feet of the road in his fence,
which he put up in October last; but
defendant denies that said road is a pub
lie highway, or that he enclosed any
part Of it in his fence.
The taking of testimony in the matter
OF the application of the board of direct
ors of the Palmdale irrigation district for
a judicial examination, approval and
confirmation OF its proceedings for the
issuance and sale OF its bonds, was con-
cluded before Judge Mckinley, in de-
partment five yesterday, and the case
continued for argument until the 30th
inst.
Sabine Carabajales and Jose Maria
Leon appeared before United States
Commissioner Van Dyke yesterday,
with their attorney, G. M. Holton, ESQ.,.
for examination upon the charge of cut
ting timber upon government land in
the Las Virgenes precint on June 1st,
last, preferred against them by one
Manuel Dominiguez. Both cases were
submitted and taken under advisement.
A second case against Leon, charging
him with having built a fence on sec.
IL, I. 49,, r. Is W., on January 9th,
last, thus obstructing the free passage
OF Manuel Dominique to and from gov
ernment land, was continued until to-
day.
DEATH OF MRS AMESrOv