Los Angeles herald., 1891-06-28
The Case of Aoff, the Alleged
Incendiary.
No New Developments of Con-
sequence.
A Number of Cases Acted Upon Yes
terday.
Judge Smith Snstained-Co to
st. Agnews-The Dubbs-Dubbs d.
vorce Suit-Court Notes.
New Suits.

the charge oil having set nre 10 Cne a
cifc Slope dining rooms, situated in the
Solomon block, on the night of June
14th, one week before the disastrous
fire in that building, was commenced
yesterday afternoon before Justice Stan
ton, and had not been concluded when
time arrived for adjournment.
J. K. Urmiston, agent of the South
ern California Insurance company, was
put on the stand and testified that be-
fore the first fire in the Solomon block,
on the night Of June 14th, Hoff had an
insurance OF $4,000 on his stock, half in
the Southern California company and
half in the Sun Insurance company.
When the place caught fire on the first
occasion, Mr.. Urmiston became i'm
pressed with the fact that Hof was car
rying too much insurance, and sent an
appraiser, named Yates, to the place, who
assessed the value of Hoh's property at
$500. A new policy was made out, but
this was never delivered.
Al. Meade, agent of the Sun COM
pany, gave testimony similar to that OF
Mr.. Urmiston's. He did not know much
about the case, having left the matter
entirely in the hands of the last-named
gentleman.
J. Elni's of Smiths patrol testified
that on the night of June 18th he passed
the restaurant twenty minutes before
the fire, and at the time everything was
all right He had hardly proceeded as
far as First street, when he heard some
one shout Fire % and on looking back
l. 4Lot he ort Of fho
restaurant was all ablaze.
H. T. Lawson, waiter; Homer Court
right, cook; Joe Walker, second cook,
and Richard Wallace, a waiter, all en-
ployed in the restaurant, gave evidence
in line with their sworn affidavits, the
substance of which has already been
published in these columns.
G. A. Smith, real estate agent, tes-
titled that Hoff came to him after the
first fire and wanted to sell the place.
Hoff offered to take $500 and to give
Smith 500 commission for selling it.
N. Travis, the old man who slept in
the restaurant and who found lighted
candle in the egg box, testified to the
facts stated in his affidavit, and an ad-
iournment was taken till Monday
morning.
JUDGE SMITH SUSTAINED.
The following decision was filed yes
terday in the case of B. E. Hunt, appel
liant, vs.. G.. B. Maldona, respondent,
taken to the supreme court on appeal
from Judge Smiths decision sustaining
the plaintiffs demurrer to the COM
plant. The opinion is by Commission
er Temple and is indorsed by the judges
of the supreme court:
The demurrer was properly sustained
The action is to recover attorneys fees
for services rendered to the guardian OF
a minor in pursuance OF written con-
tract. The action is against the minor
If the guardian made valid contract
with the attorney he may be held liable,
ane if he pays it and the probate court
shall deem the expenditure reasonable
and necessary to protect the interests OF
the ward, it NAV be allowed from the
wards estate. But it is an expense in
Cured Dy the guardian in the perform
ance of his duties for which he is prl-
marily liable. If an attorneys lees could
ever be in the nature of necessary, Tor
which the ward could contract, the COM
plant shows that the service here was
not Of that character.
We notice that the transcript fails to
show that the ward appeared by guardi-
an as required by section 372 of the code
of civil procedure. The judgment should
be affirmed.
COMMITTED TO ST. AGNEw's.
Eugenia Stillman, a young woman 30
years OF age, who resides with her
mother, Mrs. Jennie Stillman, at Long
Beach, was examined before Drs. j. j.
Choate and B. J. Kierulff, as an insane
commission, in department. one yester-
day. Miss Stillman has been victim
of chronic cholrea, or st. Nitus dance,
since childhood, and of late herscondi-
ton has become steadily worse. She,
in fits of temporary mental alteration,
will wander off alone, not knowing
where she is going. and is otherwise in
capable of caring for herself. The ply
sicians adiudged her insane and she was
committed to the St. Agnew's asylum by
the court.
THE DUBBs-DUBBs DIVORCE CASE.
Mrs. M. J. Dubbs was yesterday
granted a decree of divorce from her
husband, J. R. Dubbs, by Judge Wade
in department three of the superior
court. The grounds on which the de-
cree was asked were cruel treatment on
the part of the husband. The trial of
the case was commenced Friday, but
not concluded, and when court con-
vened yesterday morning the defense
moved for non-suit This was denied.
Mrs. L. E. Virgins testified, Mrs.
Dubbs was recalled, and when the testi-
mony was all in, the court awarded the
decree as prayed for.
COURT NOTES.
The arraignment of James Carpenter
on charge of grand larceny, committed
at Pomona, which was continued from
the day before, was completed before
Judge Smith yesterday, and the defend
ant pleaded not guilty. The trial was
set for July 9th.
Judge Wade yesterday granted the
petition of Christ's church to be allowed
to mortgage their property for $1,000.
The hearing of the petition OF the Los
Angeles Consolidated Belt Electric
company, asking that Receiver j.. +.
Crank OF the Pacific cable company be
compelled to allow the petitioner to use
portion OF the cable company's tracks
was objected to by Mr.. Crank and his
attorney before Judge Wade yesterday,
and the matter was continued till Mon
day morning.
The Los Angeles Savings bank OBJ
tained decree OF foreclosure by, de-