The morning call., 1893-09-03
MlLLER'S RINGS.
He Wanted Mabel Briggs
to Return Them.
THE FAIR ONE DID NOT.
SO He Has Entered a Suit Against
Her for Their Recovery and
for Damages.

OAKLAND.-When young man Law
ishes his affections and diamond rings
on a lady and she discards him for an
other, he is apt TO feel aggrieved. Rarely,
however. does he take the course adopted
by w. d. Miller OF East Oakland, who yes
terday afternoon filed through his attor-
neys, Sawyer and Aver. complaint in the
court Of Justice Cliff of Oakland Town
ship.
In the Justices Court in and Cor the town
ship of Oakland, county OF Alameda, State OF
Califoruia.-W. d. Miller. plaintiff, VS.. Mabel
Briggs. defendant.
Plaintiff complains and alleges That at all
the times herein mentioned the above nsmed
plaintiff has been and now is single unmar-
RED white male citizen of the city of Oakland,
county OF Alameda, over the age of 81 years,
and during all OF said time has been and still
Is and in all respects fully capable of entering
Into contract 10 marry with the above de-
PENDANT.
That at about the year 1891 the above
named defendant was a single, unmarried,
beautiful, white, female citizen OF the city OF
Oakland, county of Alameda, State OF Caifor-
MIA, over the age OF 19 years, aud as plaintiff
was Informed and believed was In all respects
fully pable Of entering into contract to
marry with said plaintir.
That on or about The 9th day Of August 1898,
L. NJ. ".
city Of Oakland. county of Alameda. State of
California, in and for the consideration of The
love and affection he had and did then and
there bear for said defendant, and well and
truly believing that drfendant likewise did
bear and have great love aud affection for plain
If, as she did then and there represent
and show, plaintiff and def ndant did then ana
there enter into Contract TO marry one with
the other, and did then aud there sOiemnly
covenant and agree 10 at some future time aud
GATE intermarry one with the other; and did
hlf a n Ina
forth 10 hold sacred. well. true, loyal. loving
and chasle relations toward each other.
Plaintiff. believing in the love and affection,
and tile solemn and sacred pledge aud agree
meut made by defendant with plaintiff. beliey-
ing that some future day defendant would
be his own loving, devoted, legal, loyal
defendant one gold solitaire diamond ring.
known and designated as an engagement ring
OF great value, to-wlI: eighty $3.50 dollars; and
on or about the same time did present and al
low defendant TO wear gold solitaire diamond
ring OF the value of sixty-two 1922 dollars the
personal property of the plaintiff.
That atterward on TO wi :: the - day of
=, 1898, during the absence OF the plaiuliff.
defendent knowingly, and with intent 10 break
and violate, did break and violate the cove
nantS, terms dndIagreements of said COM ract to
marry had between plaintiff and defendant
thus rendering herself forever unfit and I'M
worthy the love and affection plaintiff mad for
oeIenuaht ana mus making and forever pre-
venting the defendant from intermarrying
with plaintiff.
Plaintiff alleges that afrerward on to wilt
me - day OF August, 1893, plaintln de-
manded of defendant the delivery and he pos
session OF said rings To him and at said time
and al all the times since said demand defend
ant wrongfully Withheld aud refused, and stiil
wTongTully wlthboids and refuses TO return and
deliver TO plaintiff said rings, all 10 plaintiffs
damage 10 the sum OF S154 80.
Wherefore the plaintiff demands Judgment
against The defendant for the recovery of the
possession OF said TWO gold solitaire diamond
rings, together with S164 80 damages for the
costs of suit.
The story of the com piaint is as follows:
Miller, who is the son of a well-known.
MendociDo lumber king. pursued his COL
legiate course at Berkeley. While a stu
dent at the State University his parents
removed from Mendocino to Oakland,
building residence at the corner of
Seventh avenue and Sixteenth street
There be met Mabel Briggs. His love was
accepted and returned. and so were the
two diamond rings mentioned in the CON-
plant. She has never returned the rings
Young Miller departed on an Eastern
trip last spring and returned in February
to his iancee. To his great grief he was
told that she had been often in the COM
pnny of young man.
Miller then broke off the engagement
and endeavored to recover the tokens OF
affection that he had presented to Miss
Briggs.
The Witness and the Cab.
One very important link of evidence in
the chain that is being woven about Louis
Matheny is the testimony of the cab-driver
VINO drove the suspected murderer to the
scene OF the robbery that stormy March
night
At the preliminary examination of Ma
theny J. H. Toedt says that Matheny rode
in bis cab and was easily recognized by
him when he was Left standing on the
corner in the glare of a street light.
Now another man has turned up who
says that he is the man who took the hack
ride. His name is Ira Thompson and he is
a painter at West Oakland.
There have been some dark hints at brib-
cry on the part of some one connected
with the matter, 1t being said that Toedt
was approached and offered money TO
change his testimony.
He says he knows Matheny and Thomp-
son also and knows what he is talking
about when be says he took Matheny down
that night. He says he intends TO tell The
truth when he gets on the stand and that
was his original story.
The prosecution does not seem to WORRY
much over the turn of affairs.
Commerce street Opening.
Commissioners appointed to look into
the matter OF the opening of Commerce
street-N. Moritz. A. L. Mcpherson and ].
;. Derby-have reported that the cost of
the improvement will amount to $50. 3O7 o..
The expenses incurred by the commission
amount to S4967 %. Z. c. Sessions is
allowed S7925 for land taken belonging 10
him and will be assessed S2250 for benefits
accrulng 10 his property. The balance due
him. S5675. he will donate to the improve
ment.
The value of land taken is S26,615 of
improvements taken, $4,000, aud of i'm
pr0vementS damaged 500. In all 1910
different pieces of property are assessed TO
pay for the improvement.
Sudden Death.
A man named Otto Oechslin, aged about
Do years, native of Germany, died sud-