Los Angeles herald., 1891-07-15
TOUGH TALK.
Il. G.. Weyse and Attorney
Munday Exchange Words.
A Sensational Episode in Judge
Van Dykes Court.
Proceedings Yesterday i'm the Va
riOus Courts.
Judge Van Dyke Has to Threaten Con-
tempt Proceedings to Keep Peace.
Court Notes New Cases
Filed Yesterday.

Judge Van Dyke OF the superior court
yesterday during the progress of the
hearing of the divorce case OF Weyse VS..
Weyse, on approval of the account of
Receiver E. V. Maud.
Weyse was upon the stand and was
relating the details of personal en-
counter between himself and Maud,
which occurred in the presence of Mrs.
Weyse.
II told Mrs. Weyse, )" said the witness,
~"that she should not have let that 'bast-
ard hit me -.
''You called him bastard, did you ?''
interrupted Mr.. Munday.
"That is the word l used, sir"
Sand you tried to prove your own
child bastard, too, didn't your"
II did not, sir, and you are an internal
liar for saying so," was the quick re-
ply.
At this point the court broke in and
warned the witness that if he used such
language again he would be fined for
contempt of court. The attorney was
notified to ask questions only pertaining
to the matter at issue, and the examina-
..tion proceeded. AS Weyse left the stand
Mr.. Munday made some remark which
angered him, and shaking his fist in the
attorneys face he called out, "I'll settle
with you for this; you'll see."
- The case then proceeded without fur
ther interruption.
Weyse charges Maud with disposing of
aportion of the property in the ware
house which he holds as receiver to his
own benefit.
JUDGE WADE ENJoINED.
The following Associated Press dis
patch was received by the HERALD last
night
"SAN FRANCISCO, July 14.-Chief JUS
.tice Beatty, of the supreme court, this
afternoon ordered Judge W. P. Wade, OF
Los Angeles county. to appear on August
l4th and show cause why he should not
be restrained from taking further action
in the case of Edward W. Russell, agent
of the Pacific railroad company. Russell
railway company Of Los Angeles, and
the suit is really one brought by that
company to settle the right to certain
franchises"
The case referred to in the dispatch,
which is somewhat mixed, is that of
Edward w. Russell, a creditor, vs. the
Pacific Railway company, in which J. f.
Crank was appointed receiver of the
road. A few weeks ago the Los Angeles
Consolidated Electric company filed
petition in this suit for an order to issue
to Receiver Crank, citing him to appear
and show cause why the electric road
should not be allowed to use portion of
the cable company's tracks, which oc-
cupied streets on which they had
franchises.
The order was issued and the receiver,
by his attorneys, made strong protest
against the use of the tracks, claiming,
among other things, that if wires were
stretched over them the cable company
would be prevented from changing its
power to electricity if it wished to do so
at any future time.
The case was heard in department
three before Judge Wade, and the court
intimated very plainly that he would
grant the required permission and only
desired to hear testimony as to the
amount of money the electric road would
be required to pay for the privilege. The
case was continued till after the summer
vacation, and Receiver Crank applied to
the supreme court for an injunction re-
straining Judge Wade from taking fur
ther action, which has been granted as
stated in the dispatch.
A part of the tracks over which the
electric company desires to run cars are
those on Spring street, between Second
and Fifth streets, and are now being
used by the company.
RELEASED ON WRIT.
Daniel Gridley came before Judge
Smith yesterday on writ of habeas
corpus. Gridley, who is an old man,
was arrested by Constable f. Peters in
South Pasadena township on July 11th,
on a charge of petty larceny, having
been accused of entering on the prop
erty of w. M. Chick and picking up
fruit that was lying on the ground. He
was taken before Justice W. H. Mace,
convicted fpetty larceny, and sent to the
county Jail for five days in default of $40
fine. Attorneys H. X. S. O'Melveny and
Henning made the point that man in
order to be convicted of fruit-stealing
must take the fruit from the trees,
whereas in this case the property stolen
was lying on the ground and had no
ownership or value. They contended
that the defendant had only committed
trespass, and must therefore be dis
charged. The court agreed with them
and Gridley was released from GUS
tody.
PATANE vs.. PATANE.
John Patane was yesterday granted
decree of divorce from Louise Patane by
Judge Smith, sitting in department one
of the superior court, on the ground of
adultery. The parties were married on
January 8, 1889. but Mrs. Patane lived
with her husband only twenty-four days,
when she left him to become a prosti-
tute. For the past two years she has
been living with Sebastian Rivera at
San Fernando. These facts appearing
to be sufficiently established, the decree
was granted as prayed for.
COURT NOTES.
The damage suit Of Anderson ct al, vs..
the Big Rock Creek Irrigation company,
was ordered transferred to the circuit
court yesterday by Judge Smith, sitting
in department two of the superior court,
on the filing Of bond for $500 to cover
the costs.
In department four yesterday, on the
application of the attorneys for the
plaintiff in the case of H. H.. Johnston
VS.. T. w. Johnston, it was ordered that
F. s. Wallace, 7. B. Stevens and I'd;