Los Angeles herald., 1891-03-14

MI Appei Lnen apOloSiztu 10 tHe
court, and the case was proceeded with
without further interruption.
l.. ID. Hollingsworth, paper hanger,
testified that he knew the defendant for
two years, and had conversation with
him relative to Kate Crumb, whom he
addressed as his wife; they had three
children.
An unsuccessful attempt was made
by the prosecution to show that the
witness had been on very intimate terms
with Mrs. Crumb on his cross-examin-
alton.
William Baird, an expressman, stated
that eighteen months ago he had lived
near the Crumbs, on Botello street, and
that their relations had been very
friendly.
At this juncture Mrs. Crumb, the wife
OF the defendant a thin, sickly-l looking
woman, came into the court room and
took a seat near the district attorney,
who, after brief whispered consulta-
tion with her, recalled the defendants
brother. The witness was then asked
whether or not he had ever congratu-
lated his brother and Mrs. X. Crumb
upon their marriage, but he emphati-
cally denied having done 80.
The prosecution then rested its case,
and Ralph j. Dominguez was called for
the defense. He swore to having had
a conversation with the witness, Harry
Richmond, in the courtroom on Thurs
told him he knew Crumb to be guilty
and wanted to see him convicted.
John Riley, foreman of the Park Hose
company, knew Crumb was at the hose
house every evening in the early part
OF January, because the defendant had
several times called on him between
! the hours OF s and IL pm, after he
had gone to bed.
r. II. V. Sinden swore to having, in
company with II. H. Appel, Esq, and
others, visited Mrs. Morgan's lodging
house on Thursday, with the view OF
testing whether or not what she claimed
to have seen was true. He was certain
| that it was impossible for her to have
distinguished whether defendant was in
bed or not from the spot she described.
At the close of Sinden's testimony
court adjourned for the day, and the
case will be resumed this morning at 10
O'Clock.
COURT NOTES.
Judge B. N. Smith, in department
one, yesterday denied the motion OF the
defendant in the case against H. F.
Parkins, who is awaiting trial on the
charge OF having received stolen prop
erty, knowing the same to have been
stolen, to reduce the bail to $1,000.
In department two, yesterday, Judge
Pierce of San Diego, sitting for Judge
Clark, granted decree in favor OF the
plaintiff in the divorce suit of J. p. l..
Ford VS.. Louisa w. Ford, on the ground
of desertion.
Alfred Mcdonald, native OF Eng
land, was yesterday admitted to the
rights and privileges of citizenship of
the United States, upon producing the
necessary proofs OF residence and taking
the requisite oaths of renunciation and
allegiance.
Judgment was ordered by default in
the foreclosure suit OF J. M. Elliott ct
al. VS.. the Exchange Block company ct
al, OF Pasadena, by Judge Wade, in de-
partment three, yesterday. This was
an action to foreclose deed, given as
mortgage, to secure the payment OF
note on which $58, ,951.73, with interest
thereon at per cent. from February 13,
1891, was alleged to he due.
The trial OF the case Of l.. J. p. Nor
rill ct al. VS.. Newell Nightingale ct al,
was commenced before Judge Wade in
department three yesterday. The suit
is brought to obtain judgment for $17,-
600 alleged to be due on an agreement
to purchase number of shares of stock
in the Milwaukee Furniture company;
and for decree ordering certain prop
erty in the hands OF G. L. Arnold, as
trustee, to he sold to satisfy said judg-
ment. The plaintiffs claim that or
July 9th last they entered into con-
tract with Newell Nightingale, whereby
he was to purchase from them 427 shares
OF stock they held in the Milwaukee
Furniture company, of which he was
secretary and treasurer, for the sum OF
$43 900. OF this sum he was to pay
$4,000 down, $4,000 on demand, $4,000
in twenty days, $4,000 in sixty days,
and $11 900 in ninety days, his notes Sc
cured by property held by q. L. Arnold,
as trustee, being accepted for the
amounts named.
The defense in counter complaint
prays for decree ordering said contract
and notes annulled and Cancelled, claim
ing that Nightingale signed them under
menace and threats of arrest upon
trumped-up charge of embezzlement,
the plaintiffs having accused him of ap-
propriating $25, 900 OF the firms money,
they inducing him to purchase all their
| stock in the concern, which was not
then worth more than 35 per cent. OF its
face value, as a pretended settlement of
the matter.
A criminal complaint was actually
sworn to by one Of the plaintiffs, charg-
ing Nightingale, as John Doe," with
having embezzled the sum Of 5000,
and the document was filed in Justice
Savage's court on May Goth last, but he
was never placed under arrest upon the
charge.
In department five, yesterday, the case
of George w. Daw VS.. John B. Niles came
up for hearing before Judge Mckinley,
and will probably be decided today. This
was an action to recover $4,000 with in
terest at the rate OF TO- per cent. from
June 10, 1887. Plaintiff alleged that on
that date he entrusted to defendant as
his agent the sum of $4,000, to be in
vested in the purchase of real estate in
this county. Defendant did invest half
of the money in real estate, but repre-
sented to his principal that he had in
vested all of it, and appropriated $4500
to, his own use. Plaintiff remained
under the delusion that his money was
allfinvested until March 10, 1890, when
he demanded an accounting from his
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