Los Angeles herald., 1892-09-13
THE MOTOR ROADS BONDS GOOD
An Important Decision Given
by Judge Ross.
How Foolish All Sing Lost Time in
the County Jail.
Ne oueht to Have Gone to San Quen-
Tin At First--Tax sharks Sat Upon.
Pretty Mrs. Shaw Gets Di-
vorcs-New Suits.

a decision in the celebrated case OF the
Union Loan and Trust company Of Sioux
CITY. Iowa, We. the Southern California
Motor Road company. The court rem
dered decision in this case about one
year ago, in which he held all but fifty
nine of the bonds of the road invalid. OF
the bonds held to be valid, fifty were
owned by J. R. Toberman, and nine by
H. J. Rudisill. In the opinion handed
down yesterday, which is lengthy one,
Judge Ross says:
If the evidence now presented in this
case was, the same as that before the
court at the time OF the former decision
herein, the conclusion of the court would
be the same; for am satisfied that the
decision as then rendered, upon the facts
as then made to appear, wasin all things
correct. After that decision was an
nounced, the court, for good causes
shown, opened the case tor further
proofs, the pleadings were amended, and
the evidence taken de novo, upon which
the case has been argued andsubmitted.
The present record makes manifest the
fact that the case was not at first well
tried, and that the evidence then taken
did not disclose the full and true facts Of
the case.
The suit was one in equity brought to
foreclose mortgage executed by the de-
fendant company to the complainant, as
trustee, to secure the payment of 300 of
it's bonds, each for the sum OF $1,000,
with interest. Judge Ross, in his
opinion; goes exhaustively into the his.
tory of the corporation, the sale OF its
stock and bonds, the whole comprising
large number Of transactions. He re-
views the testimony aH it was presented
before the former decision, and points
out the variance in the testimony intro
duced since the reopening OF the case.
The court holds that there was no
fraud in the Issue and sale Of the stock
and bonds of the company, and that
they are valid. The Judgment lien OF
the defendant, Mary A. Franklin, was
to the mortgage. The attachment liens
of the San Bernardino First National
bank must be held superior to COM
plainant's mortgage. A decree of fore
closure and sale is directed to be entered.
All SINGS LOST TIME.
The supreme court a few days ago
affirmed the judgment OF Judge Nc
Kinley in the Tom She Bin case. 1t was
q case in which All Sing was tried and
convicted of robbing DR.. Tom She Bin,
and hitting him over the head with an
iron bar. He was sentenced to seven
years in the penitentiary. Various de-
lays were procured in the carrying out
of the sentence, and the result has been
that All Sing has been an inmate OF the
county Jail for full year. Yesterday
Judge Mckinley ordered the certificate
of probable cause. which had heretofore
been granted, vacated and set aside, and
directed the sheriff to proceed with the
execution OF the judgment. During the
afternoon Deputy Sheriff Miles Bowler
started for San Quentin with the pri-
soner. By remaining in the county Jail
All Sing has not carried out the reputa
ton OF the MoDgolians for astuteness.
He has lost about fourteen months by
not going at once to San Quentin. The
time he has been in the county Jail does
not count on his sentence, and by good
behavior he would have had about two
months good time in the year. He is
now only entering on his seven years
sentence.
A HUSBANDS STRANGE DISCRETION.
A plump, pretty little woman, dressed
in black, was the center OF attraction in
Judge Van Dykes court room yester-
day afternoon. Her name is Mrs.
Amelia Shaw, and she narrated the
strange actions of her husband, William
Shaw, which, she contended, entitled
her to divorce. s'''
In 1889 the family lived in Florida.
They had three children, two OF whom
were living. Mr.. Shaw was pho
tographer, and doing fine business.
Yellow fever caused their enthusiasm
for Florida to evaporate. and, with the
consent of her husband, Mrs. Shaw
came to Los Angeles with one of her
z children. Mr.. Shaw was to follow her
as soon as he could dispose of his busi-
ness. He never came, however, and
since 1889 Mrs. Shaw has been obliged
to support herself and child, receiving
in ali from her husband about $40. She
testified that she could not understand
why he had acted as he has done,s and
said she had given him no cause to
leave her in the lurch. Letters from
him were introduced, showing that he
had planned to come to California to
join his swife. Mrs. Shaw said he is
fully able to send her money, because
ne mas $90UV III bhO Uduhs LID O0cAuon5
makes from 5000 to $500 per month, and
recently his mother has died, leaving
$4,000 to be divided between three
children. Judge Van Dyke granted the
divorce upon the showing made, on the
ground of failure to provide.
TAX sHARKs SAT UPON.
The usual monotony of court proceed
ings was varied little before Judge Van
Dyke yesterday afternoon, when his
honor took occasion to express himself
regarding the tax vampire.
Some time ago H. O. Collins COM
menced a suit on behalf of the San
Francisco and Fresno Land and Water
company, to enjoin the issuing OF tax
deed upon the affidavits of r. f. House,
who has his Office in the court house,
and who, during the last six months,
has been flooding Southern California
with notices Of tax sales.
A preliminary injunction was granted,
and yesterday afternoon the demurrers
to the complaint were argued. Although
il appeared from the record that House
had in no respect complied with the
requirements of the Statute necessary
for obtaining tax deed, yet he de-
manded $201 for notices which were en-
tirelv illegal and void. All of the sixty
seven lots embraced in this suit, which
were sold for taxes, could have been