Los Angeles herald., 1892-08-30
MRS. NJ D. HYLAND'S AL|MONY,
A Divorce Case Which Deyel-
oped Novel Points.
The Defunct Emma Juch Opera Com
pany Being Sued.
supreme Court Decisions--A Pasadena
Girl Sent TO Whittier-Horses
Confiscated by Uncle
SaIn-Notes.

Van Dyke, yesterday afternoon, in de-
psrtment four of the superior court, un-
der a somewhat novel state of affairs.
The suit was instituted few months
ago by the lady through her attorney,
w. w. Holcomb, and the court directed
the defendant to pay his wife $25 per
month alimony pending the trial of the
case, and costs and attorneys fees.
Later, VIM. T. Williams was associated
with Mr.. Holcomb in the case. Several
days ago the plaintiff, by her attorneys,
complained that Mr.. Hyland was not
carving out the directions of the court
in regard to alimony, and he was cited
to appear and show cause why he had
not done so. The citation was allowed
to go over until yesterday, the day set
for the trial of the case, and hearing
was had upon it before proceeding with
the trial.
A number of witnesses were in court,
among them being several ladies, and
they evinced great interest in the pro-
ceedings.
Mr.. Hyland was put on the stand and
examined as to his ability to pay the
alimony and attorneys fees. He was
represented by G.. Wiley Wells, who
read an affidavit, by the husband, show
ing that he had paid all but $40 of the
alimony and $5 on the costs. In it he
alleges that he is making only $13 a
week, and outside of paying his board
at the rate of 81 day, he has been
paying over all that he makes to his
wife. He has piece OF property in the
east the rent of which he receives at
the beginning of each year. 1t is COW
cred by a mortgage, and he had been
trying to sell the property to raise
money, but has not yet succeeded. Hy-
land was put through close examina-
tion by Mr.. Williams, but stuck to his
statement of his resources.
Mr.. Wells announced that he was
ready to go to trial, when Mr.. Williams
said that the plaintiff was not that
without money her counsel would with
draw from the case.
Judge Van Dyke remarked that Mrs.
Hyland was entitled to council, and he
would not proceed with the case until
she had counsel. The lady, who is
quite good-looking brunette, sat de-
murely in her seat by her attorneys, ap-
pearing to be but little concerned in the
discussion, or as if it was but merely a
legal technicality, which her counsel
were arranging for continuance.
Mr.. Wells was very much opposed to
a continuance, saying that the witnesses
on both sides were present, and the
case ought to be tried, his client having
done all that he could to provide the
money required OF him. Judge Van
Dyke would not hear of it, however,
stating that he would not try the case
hn 1osn fod hx
counsel. 1t is very likely that there
will be some very sensational develop
ments when the case comes to trial, in
regard to the adultery charges in the
cross-complaint.
SUPREME COURT DECISION.
An opinion was received from the SUI
preme court yesterday by M. j. Ash.
more, deputy supreme court clerk, in
the case of Mary A. Newman ct al. We.
George B. Maldonado and Mary Hentig
guardian, appellants. The suit was tc
quiet the title to certain lands in Los
Angeles county, and findings and iudg-
ment went in favor OF plaintiffs, from
which defendant appealed. The court
denies the request of respondents tc
dismiss the appeal, but affirms the
judgment appealed from.
THAT EMMA JUcH CASE.
Yesterday was the day set for the trial
before Judge Clark of the case OF George
Egener VS.. Emma Juch ct AL, which
acquired such prominence few months
ago, by reason of the personal encounter
in San Francisco between III. Jay
Hunter and some of the members of the
company. The suit is one brought by
George Egener, who was the stage man.
ager of the Emma Juch English
Opera company for back pay. He
brought up the claims of severa
other members of the company, and
sues for judgment for over $1l00. 1t
was the attachment of the costumes
and scenery of the company in Los An
geles by Mr.. Hunter, as attorney fol
Egener, which caused the unpleasant.
ness that led to the row in San Fran
cisco. The costumes and scenery are
still in Los Angeles, and will remain
here until the case is settled.
The defendants are represented by
William Dunn, and when the case was
called yesterday morning he looked
very much disgusted when Mr.. Hunter
presented an affidavit for continuance
on the ground of the discovery of new
evidence in the East, which it would re.
quire a commission to secure. He re-
sisted the continuance, claiming that
the witnesses whose testimony was
sought to be obtained could have been
found long ago by counsel, and that i,
would work great hardship on the de-
fendants to keep their property tied up,
The motion went over until the after
noon, when Mr.. Hunter presented an
amended affidavit. The testimony the
plaintiff wishes is from Manager Green
wall, who runs several theaters in Texas
and other southern states, and man
named Tendrick, one of his employees
and is with reference to the interest o
Charley Locke in the company. Mr.
Hunter claiming that he is jointly liable
with Miss Emma Juch. After quite an
earnest discussion, in which Mr.. Dunn
claimed that the dispositions taken in
San Francisco covered all the points
and Telfair Creighton. associated witt
Mr.. Hunter, intimated that man ir
New Jersey was the main witness whose
testimony they desired, the court con
tinued the case, to be reset.
ANOTHER INCoRRIGIBLE.
Judge Smith tried another incorrigi
BILE case yesterday. This time it was {
16-year-old girl from Pasadena, named
Annie Becker, and she was sent to th'
Whittier Reform school for twenty-on'
months. The girl, who is very large fol
her age, was before the same court {