Los Angeles herald., 1891-02-07
AMONG THE COURTS.
WHAT WAS TRANSACTED YEsTER-
DAY IN LEGAL CIRCLES.
A Decision in the Case of Avery VS.. CLARK.
United States Tribunals Superior
Courts--New Suits.

The decision OF the supreme court IN
the appeal case of Avery VS.. Clark etal.,
affirming the Judgment of the court be-
low, was received and filed by Ben G.
Weir, the local deputy-clerk, yesterday.
The decision is signed by Justice Harri-
son, and is concurred in by Justices
Paterson and Garoutte.
The action was originally brought to
foreclose mortgage made by the de-
PENDANTS r.. G. Humeston and his wife
to one Robbins, who subsequently as
signed his interest in it to plaintiff. The
defendants other than the mortgagors
were claimants of mechanics liens for
labor and materials furnished i'll the
construction Of a dwelling house upon
the premises described in the mortgage.
In the lower court judgment was rem
dered for the sale of the premises, and
directing that the claims OF the other
proceeds OF such sale, prior to the mort
gage claim Of plaintiff, who appealed
the case on the ground that his claim
was the first lien on the land.
UNITED STATES COURTS.
Judge Erskine M. Ross and jury
were occupied for several hours yester-
day, in the United States district court,
in the trial of the case against John
Davies, resident of Bartlett cafion, in
Santa Barbara county, who was charged
by man named Cathcart with having
on October l, 1890, cut government tim
ber on the NJ of the NW4 of Sec. 81,
T. N, r. % w., S. B. M. The prose-
cution failed to make strong case
against Davies, who in his defense
sought to show that the charge was in
stigated by the Cathcart brothers simply
as means of venting their malice and
spite on him, for some reason known
only to themselves, and the jury took
this view OF the case, as, after brief de-
liberation OF fifteen minutes duration,
they returned a verdict of acquittal.
When the foreman of the jury read the
verdict to the court, an affecting scene
occurred between the defendant and his
wife, who was unable to control her
emotion on learning the good news.
Davies was convicted on Tuesday last
of preventing Robert Cathcart from
settling on piece OF land adjoining that
upon which he resides, by means Of
threats and intimidation but his attor-
ney, j. d. Bethune, Esq, moved the
court for an arrest of judgment, and for
new trial, both of which motions will
be ruled upon by Judge Ross at II
O'Clock this morning.
j.. 3. Carter, a negro pugilist from
San Bernardino, appeared before United
States Commissioner Van Dyke yester-
day afternoon for examination upon the
charge Of selling liquor to Indians at
that place. and was held to answer
under bonds in the sum Of $3.50.
SUPERIOR COURTS.
William Williams, a barber, "a years
OF ago, appeared before Judge Smith in
department one OF the superior court
yesterday morning with his counsel, to
receive sentence upon his conviction of
the crime of burglary. The court
promptly denied the motions for new
trial, and an arrest Of judgment, made
by the defendants attorney, and sem
fenced Williams to imprisonment in the
San Quentin penitentiary for the period
of two years.
Williams was arrested at 4 80 O'Clock
on the morning of January 9th last, by
Officers Hawley and Bevan, for burglar
izing the room OF G.. H. Bucklein, an
acquaintance with whom he had been
drinking earlier in the night, at 239T
West First street, and stealing therefroln
watch, which was under Bucklein's
pillow, and gold ring, both OF which
were found in his possession when ar
rested.
The trial of All Ung, charged with
conducting game of Chinese pool, which
was commenced ON Friday morning be-
fore Judge Smith and jury in depart
ment one, was brought to conclusion
yesterday at noon, when the jury, after
a deliberation OF fifteen minutes durar
tion, brought ina verdict of guilty as
charged against the defendant. His at
torneys moved the court for an arrest of
Judgment and new trial, but both
motions were denied, and the Monaghan
was ordered to pay fine Of $500 and the
costs of the prosecution, giving him the
alternative OF one years imprisonment
in the county Jail. The defendant, by
his counsel, at once gave notice OF an ar
peal, anda certificate of probable cause
having been signed. he was admitted to
bail in the sum Of 5000, pending an ap-
peal.
On motion of the district attorney an
information was fled in department one
charging Tom Sullivan with burglary.
The trial OF the case of the San Pedro
Lumber Co.. vs. Merrick Reynolds, ct
al, is still dragging wearily along in de-
partment two, and will probably occupy
the attention Of Judge Clark for several
days longer.
Another long drawn out case is that
OF G. T. de Alverado VS.. j. Romero, ct
al, which has occupied the attention Of
Judge Wade in department three for the
past ten days and is still on trial.
Judge Wade yesterday approved and
confirmed the report Of j. w. Standlee,
the referee in partition in the suit en-
titled Jennie Tyler, ct al. vs.. A. H. Dun
lap, dividing the land in question which
is in the rancho. Paso de Bartolo, and
ordered decree entered in accordance
Herewith.
The cause of Taylor vs. CLARK, ct al.
was called for trial in department three
yesterday, but by consent was continued
for the session.
In the same court the plaintiff in the
cause of Hunt Us. Maldonada, declined
and waived time to further amend his
complaint, wherenpon judgment was
ordered that plaintiff take nothing by
said action.