Los Angeles herald., 1892-09-08
MISS KElSO'S HOMESTEADCLA|M
1t Occupies the Attention Of
Judge Ross and a Jury.
Yesterdays Occurrences in the Su-
perior and Federal Courts.
A Ventura water Rates CAse--Thomas VS..
Thomas = Notes = New Suits
Filed = Marriage LIZ
censes.

censes.
The United States term trial jury
started off with a conviction the first
thing yesterday.
The trial of VIM. G. Lorbeer, charged
with interfering with the settlement oil
Miss Tessie L. Kelso of this city on gov.
ernment land near Lang station, was
resumed before Judge Ross and jury
in the United States district court ye s.
terday morning. The trial lasted nearly
all day. The testimony showed that
the defendant filed pre-emption some
time ago in the United States land office
in Los Angeles upon the land in ques
tion, and paid the amount necessary,
receiving his certificate, Later the land
Office officials discovered that the land
was not open to entry, previous appli-
cation having been filed. He was mott.
fed Of the fact, his money was returned
to him, and he gave up the certificate
which had been issued.
When Miss Kelso, who 10 the city
librarian in Los Angeles, filed home
stead on the land, and started in to
prove up the claim according to law,
the evidence clearly showed that Lor-
beer attempted to bulldoze Miss Kelso
out of her claim. He asserted that he
had right to the land, and would have
it, his threats of violence succeeding
in terrifying the lady and those in
charge of the place. 1t was after all of
hsc kh~o g. khok b< -, ,n1 ~
brought against Lorbeer.
The case was given to the jury about
noon and they were in consultation un-
court room for an explanation of the in
structions.
Judge Ross stated to the jury at some
length the points at issue. He said that
the jury had to consider and determine
from the evidence whether or not the
defendsnt had attempted to drive Mics
Kelso from her claim, and also deter
mine from the surrounding circum'
stances whether he had acted in good
faith in 30 doing. 1t had been shown
that he had previously gone through all
the steps OF proving up on another gov.
ernment claim, and was presumably
familiar with the requirements of the
government. He had an appeal from
the local land Office to the general land
Office at Washington and finally to the
head OF the interior department. These
steps the defendant had the right to
take, and the jury must decide as sensi-
BILE men whether, in view of all these
circumstances, he acted in good faith in
attempting to force Miss Kelso from her
claim.
After listening attentively to Judge
Ross the jury retired to their room and
in five minutes returned with verdict
OF guilty as charged, recommending the
defendant to the mercy OF the court.
VENTURA WATER RATES CASE.
to an important case is pending
before Judge Ross, in the United States
circuit court, and yesterday an argu-
ment was heard by him upon demurrer
to the complaint. The case is known as
the Ventura water rates case, and it has
been brought by the Santa Ana Water
company vs.. the City of San Buenaven-
tura and city trustees. The water COM
pany is attempting to prevent the city
from fixing the water rates, in accord
ance with law passed by the legisla-
ture. The company is represented by
Messrs. Wilson and Lamme, Of this city,
and w. H. Wilde, of Ventura, and the
city by Messrs. Blackstock and Shep-
herd, of Ventura, and George J. Denis,
of this city. The demurrer was argued
and submitted.
FURTHER EVIDENCE REQUIRED.
Testimony was taken before Judge
Mckinley yesterday morning in the
divorce suit of John A. Thomas against
his wife. Mrs. Matte v. Thomas, and
the case was continued for a further
hearing. The couple were married in
Texas nineteen years ago, and have had
eight children, who are all alive. They
had been living in Antelope valley up to
year ago, when Mr.. Thomas came to
Los Angeles, and while he was absent
his wife left him. He found her at a
neighbor's when he returned, and she
has refused to live with him since that
time. No cause is given for this deter
mination on her part, and the court was
not satisfied that it may not prove to be
what is technically termed collusion to
obtain a divorce, go that further evil
dence is asked in the matter.
NOTES.
Yesterday Judge Van Dyke granted
Mrs. NJ. McLaud divorce from her
husband, j. T. McLaud, on the ground
of desertion.
Judge Van Dyke yesterday granted a
Judgment to Mrs. Ida Woodward against
her husband, P. f. Woodward, for GER
tain property, according to the cross
complaint, and set the trial of the
divorce suit for September 10th. The
complaint for divorce was brought by
the husband.
The trial of George Munroe, charged
with forgery, was continued by Judge
Smith, yesterday, until October Sd.
s. II. Butler, native of Canada, was
admitted to citizenship, yesterday, by
Judge Smith.
The trial Of R. L. Hoffman, accused
Of embezzling furniture and fixtures OF
a restaurant known as the Oyster Grotto,
. on Temple street, was concluded yester-
day in department one of the superior
court, and the defendant was speedily
acquitted. The case developed the fact
that criminal charge had been brought
against the defendant, presumably to
attempt the collection of an alleged
debt by that means.
A decree of divorce was granted by
Judge Mckinley, yesterday, to Mrs.
Dormitilo McCreary, from her husband,
Charles McCreary. They have lived at
Azusa Tor four years past, and Mrs.
McCreary proved that her husband was
q terrible drinker, boasting that he