The record-union., 1893-04-29
AMONG THE LITIGANTS.
Lagier's Motion for Dismissal Frowned
Upon by the Court.
Valuable Colts Give Rise to a Law
suit-Petitions and Reports
In Probate Cases.

In Judge Johnson'S court yesterday
John Catlin, attorney for Henry Lagier,
who is charged with the robbery of Au-
gustin Cesmat, asked for the dismissal of
the information on the ground that Lagier
had not been brought to trial within The
sixty days required by statute after the
filing of the information.
District Attorney Ryan objected on the
ground that the time of the Judges in
both courts had been so occupied by other
cases that it was not possible to have set a
day for his trial.
L. NJ. Landsborough and E. F. Pfund,
court clerks, and District Attorney Ryan
and Judge Catlin all testified that at the
time of setting the last trial calendar
Judge Catlin, through press of business,
continued the setting of the criminal
calendar from the regular day friday
until the next day, as he found that
he could not, under the crowded state of
his calendar, have set the case for trial
before May 18th.
Judge Johnson denied the motion of
the prisoner, and stated that as the case
had been only recently transferred to his
court he had only yesterday had an op-
portunity of setting the case for trial, and
had fixed it for May 9th.
Judge Catlin had acted judiciously, he
said, in not setting the case for more than
two months ahead, which would prob
ably have necessitated the rearrange-
ment of the calendar, on account of con-
tiicting cases. The lawyers must not ex-
pect the Judges to set cases to suit their
convenience.
The Judges needed to exercise discre-
ton in setting the time for the trial of
cases, with reference to the condition in
which their calendars might be, and the
press of business crowding them.
r. A. Plattnauer had applied for writ
of habeas corpus in the case of 7. j.
Monaghan, on the same grounds, but the
law allows the Judge discretionary pow
ers in determining whether good cause
exists for not bringing prisoners to trial
within the statutory time, and Judge
johnson intimated that the same rule
would govern both cases.
Mr.. Plattnauer, however, preferred his
case to come up at the regular time, and
1t will be heard this morning.
SUITS OVER VALUABLE COLTS.
Elizabeth D. Todhunter, executrix of
the will of William B. Todhunter, has
commenced suit in the Superior Court
against l.. II. Todhunter for the possess
sion of a two-year-old colt known as the
adams" colt, valued at $500, and the
three-year- colt Help" also valued at
Sl,500.
She asks either for possession of the
colts or for $1,000, as their value, and also
her costs of suit. She has also COM
menced suit in her own right for the pos
session of the "Haidee' colt, valued at
5000, and her costs of suit.
ELEANOR BRADY's ESTATE.
T. ii. Berkey, F. W. Whitmore and
John Barrett, appraisers of the estate of
Eleanor d. Brady, have filed in the Su-
perior Court their inventory and ap-
prasement of the estate, which consists of
the west half of lot 3, in the block
bounded by X and L, Twenty-first and
Twenty-second streets, valued at 81 $50.
CLAIM FOR SERVICES.
J. ]. Mcintyre has commenced suit in
the Superior Court against the FL Dorado
Mill and Lumber Company for s., ,057 %,
which he claims is due him for services
as General Manager and Superintendent
of the company's mill in Ell Dorado
County.
PETITION FOR DISTRIBUTION.
f. Lothhammer, administrator of the
estate of Catharina Lothhammer, has
filed in the Superior Court his final ac-
count and petition for the distribution of
the estate (which amounts to ZOO to
the heirsIApne Dor4thea, Louisa Gath
crime, John Henry, Hermann William
and Lene Catherine Schact. The hearing
is set for May 18th.
LAW CALENDAR CONTINUED.
In Judge Catlin's court yesterday the
mandamus case of Surveyor General
Reichert consumed the day on the argu-
ment of defendants demurrer, and the
court continued the hearing OF the law
calendar till to-day.
In Judge Johnson's court yesterday the
libel cases of George Z. Royster VS.. V. 5.
McClatchy ct al. were ordered transferred
TO Department One of the Superior Court
because of the relationship of Charles I.
Jones, defendants attorney, to Judge
Johnson.
A CASE OF MISFIT.
The complaint in Daisy Debuam's di-
vorce suit against Henry Debuam was
filed in the Superior Court yesterday.