Los Angeles herald., 1891-03-28
AMONG THE COURTS.
CRUMB is DISCHARGED BY ORDER
OF THE COURT.
A Blown Down Hotel Causes Law Suit.
Grand Jury Impanelled-A Batch of
Legal News Notes.

N'AAASAA OhuhiO3 WIN AuN lCCCAtly
been convicted of committing adultery.
Judge Smith handed down an opinion
on the matter.
The statement Of the case he gives as
follows:
sour statutes provide for special find,
ings on the part of the jury. and in such
case leaving it to the Judge to pronounce
judgment. [Section 1852, etc., Penal
Code.] In this case, under the instruc-
tions asked and given by the court, the
jury found the defendant guilty of liv-
ing in state of open and notorious
cohabitation and adultery with Mamie
Calvert, q married woman, but found
Negatively, tits true,) that defendant
was not married at the time. 1t now
becomes the duty of the court to pass
judgment on those findings IN pursu-
ance of the statute.
"And the question il presented, can
an unmarried man, in this state, under
our law, commit adultery with mar
ried woman?"
Webster's definitions Of the crime fun-
der the Roman and common law are
cited, by which, according to the COM
mentat0r, an unmarried person was
found to be equally guilty with one mar.
ried. The Judge then cites the defni-
tion Of adultery In the civil code as fol-
lows:
Adultery is the voluntary sexual
intercourse of married person with
person other than the offenders husband
or wife,
.Tf this definition is TO prevail in
criminal prosecutions for this offense
then the defendant is not guilty under
the finding OF the jury.
s'It is contended by counsel for the
prosecution that this definition of
adultery being in the civil code and hav-
ing reference specially to divorce pro-
ceedings, it does not hold good in GRIM
inal prosecutions.
s'But section 448O of the political code
provides that with relation to each other
the provisions of the four codes must
be construed Except as in the next two
sections provided) as though all such
codes had been passed at the same mo-
ment OF time and were parts OF the
same statute. Is
Applying this rule Of construction
the definition of adultery in the civil
adjudge the defendant not guilty, and it
is so ordered"
A BLOWN DOWN HOTEL.
In department four yesterday the case
of A. w. Boggs vs.. the Lordsburg hotel
company, suit to obtain judgment for
$26, ,793. "a alleged to be due as the bal
ance owing to plaintiff for lumber and
material furnished for the construction
of the Lordsburg hotel, from September
1, 1887, to July 80, 1888, came up for
hearing before Judge Van Dyke, and oc-
cupied his attention all day. The case
is an exceedingly intricate one, and in
wolves q number of fine points of law.
The plaintiff, q Riverside builder, con-
tracted to build the Lordsburg hotel for
stipulated sum, but while the build
ing was in course of construction, the
severe wind storm of December 10, 1887,
razed it to the ground.
The plaintiff alleges that member OF
the board Of directors, after the building
had been blown down, instructed him to
60 on and clear away the wreckage and
rebuild the structure, which he did, and
the building was completed and accepted
by the company. The company now
resists the payment of any more money
than the contract originally called for,
leaving the loss of the blowing down
resting on the contractor.
Judge Gregg, of Horris & Gregg, San
Bernardino, and Judge Anderson appear
for the plaintiff, and Charles Cassatt
Davis and Thomas Mitchell for the de-.
fendant.
COURT NOTES.
In the United States district court
yesterday, the following grand jury was
impanelled to serve during the coming
term: Jacob Baruch, foreman; John
w. Francis, Edwin G. Bratt, Theo. Frae-
linger, Albert G. Cohen, Albert G. Cor
ner, Thomas A. Chase, Lewellyn Bixby,
Mark G.. Jones, A. X. McQuilling,
George Miller, VIM. H. Goucher, Frank
McCoye, Zelotus l.. Parmalee, Niles
Pease, VIM. S. Bryson, Dionisio Botiller,
Alfred W. Eames, Justus Brockway.
The trial OF the case of the Los An
geles cemetery association vs.. the city
OF Los Angeles, Tor $1,000 damages
alleged to have been sustained on ac-
count of the flooding of it's property.
caused by the grading of First street,
was commenced before Judge Mckinley
and jury in department five yesterday,
and will probably be concluded today.
The preliminary examination Of Den
mis- O. 'Brien, charged with having per
jured himself in the trial Of the cele-
brated Marshall Taylor seduction case,
was resumed before Township Justice
If e. .III . +.