Los Angeles herald., 1892-10-11
COULDN'T SEE 1T.
Judge Wade Denies q New Trial in an
Interesting Case.

Judge wade Denies new Ir1al In AZ
interesting Case.
Yesterday morning Judge Wade, in
department three of the superior court
denied motion for new trial in the
case of ]. T. Richey vs.J. G. McMichael.
The court had rendered judgment in
the case heretofore, and explained bis
views of the defendant very fully in an
opinion which he fled in the cause.
The plaintiff and defendant were init
mate friends. Richey living in Kentucky,
and McMichael, who formerly lived in
the same place, in Los Angeles county.
In 1883 the defendant represented to the
plaintiff that he owned an undivided
third interest in some lots in the town
of Fairview; that a man named Buell.
owned third, and Hare, a former fel.
low-townsman of theirs; the remaining
third. McMichael represented that the
lots were valuable for speculative pur-
poses, and desired Richey to buy Buell's
third interest, go that the friends might
own it and handle it together. He rep
resented that the lowest Buell. would
take was $2750. Mr.. Richey and friend
named Curtice agreed to take the inter-
est, and pay one-third cash, the balance
in six and twelve months. The defend
ant informed Richey that Buell. must
have half down, and that he had bought
the interest for his friend, and he could
pay him on his own terms. Richey and
Curtice afterw ards forwarded McMichael
$9l666, May 81, 1888.
McMichael now showed his hand as
disinterested friend, by selling Buell's
interest to another man for 1875. He
never had toh Buell. about Richey and
Curtice, but pocketed the money.
The court scored his action unmerci-
fully, and held him up as swindler in
plain and unmistakable English. The
suit was brought by Richey, who had
taken Curtice's claim by assignment, to
have his money refunded. The defend
ant, for defense, claimed that the
action brought was not the proper
remedy, and that Richey should first
have relinquished all his right, title and
interest, but the court said that it was
not suit for RECESSION. but to recover
money obtained by fraud and deceit.
Court Notes.
A complaint was fled yesterday be-
fore Justice Austin, by Rosa Cook,
against, Nanny Villalobos, charging her
with having stolen from her a hair-oll
bottle, doll and silk handkerchief.
Defendants motion to dissolve an in
junction, in the case of Bristol vs. An
derson, was denied by Judge Wade.
Judge Van Dyke granted a motion
for change of venue to San Luis Obispo
county, in the case of Joseph Horton,
administrator, vs. R E. Jack ct AL,
that county being the residence OF de-
fendant.
Judge Van Dyke corrected the citi-
zenship certificate of Joseph Boyer, the
name having been incorrectly inserted
therein as Joseph Bayer.
The trial of Chris Juan, charged with
incest, was eet by Judge Smith for Oc-
tober 18th; Robert Black, burglary,
October Oath.
Henry johnson and David Beasley,
two boys, Is years old, held to answer
at San Fernando for burglarizing a
stable, were sent to the Whittier reform
school by Judge Smith, for two years.
A bench warrant for the fugitive,
Gurdine Horton, was issued by Judge
Smith, and his bail fixed at $2000..
All 10y is on trial before Judge Smith,
charged with shooting at Wong Hal, in
Chinatown, August 9TH last. The pros
ecution closed up it's case yesterday, and
the trial will be resumed this morning.
Frank Bartlett, boy IL years old,
with penchant for petit larceny, was
before Judge Mckinley on a charge of
incorrigibility. The court remanded
him to his father for week, when he
is to be brought before him again.
The divorce suit of Mrs. E. A.
Brewend vs.. H. E. Brewend was up be-
fore Judge Mckinley. on demurrer,
yesterday, and he took it under advise
ment. The case will be a very senea-
tional one when it comes to trial.
A motion for aliIqony was submitted
in Judge Clark's court in the divorce
suit of Grimminger vs.. Grimminger.
The trial of the suit of Mrs. M. Will
son, to recover $4,000, the alleged value
of household goods, from the Santa Fe
Railroad company, proceeded before
Judge Clark, yesterday. Testimony
tending to show an excessive valuation
put upon the goods destroyed was intro
duced by Judge Brunson.
In the case of Blanton Duncan VS..
Catherine M. Hardin ct AL, motion to
strike out the demurrer of defendants
Allen and Hardin to the amended and
supplemental complaints was denied,
and the hearing was continued one
week, in the United States circuit court.
In the cases of Samuel N. Wood We.
the California National bank of San
Diego, and the First National bank of
the same place, before the United States
circuit court, the demurrers to amend
answers were submitted on briefs to be
filed.
Foster D. Masters was brought in by
Deputy United States Marshal Jenkins
yesterday, from Indio, and lodged in
Jail. He is charged with mailing let
tar containing obscene language at Ban
ming. In the letter he called man foul
names.
The trial of Harry T. Earle, charged
with fraudulently taking letter from
mail carrier, addressed to another per-
son, was set by Judge Ross in the United
States district court, for October 21st.
New Suits Filed.
A petition in insolvency was filed by
Mrs. Jennie Med. Watson, yesterday,
who has been conducting millinery
business on South Spring street. She
alleges dull times as the cause of her
frHr Nrn -.