The morning call., 1893-12-05
THE INNES LIBEL.
An Editor Who Has Been
Held Innocent.
An Ex-Cowboy Creates a Scene in
an Alameda Lodging-House.
The POulsons Reunited.

OAKLAND.-The examination of E. l..
Marshall, editor of the Alameda Telegram,
on charge of libeling Justice Alexander
lnnes of Alameda, was held yesterday be-
fore Justice OF the Peace Gift. The CON-
plainant quotes the following from the
Telegram as being the libelous article on
which the suit is brought:
An exhibition Of wsgatnering by the re-
porter of our neighbor has been dealt out In
mastery manner. Ii purports TO be the result
or an interview infiicting spigot In the head of
one Tappau. im-jim attorney -at-law, who
has more time than briefs TO engage his atten-
tion, and who has taken contract TO furnish
Justice Innes with brains. The contract might
be suDet TO Poundmaster Tapio or Windy"
Smith to produce The best results The meaneSt
part OF the interview was in ignoring the "Tall
Georgian for reasons that need not be men
Toned and heaplng the responsibility ON the
feather weight addition OF the Telegram Now
that is the pink Of meanBess, for whatever may
appear In this paper, good. bad or Indifferent.
has the sanction OF the editor who directs its
policy and The policy of this paper is to lash the
rascals wherever IL finds them.
ElwOod Bruner appeared and argued the
case for the defendant. Marshall, while
Assistant District Attorney Melvin acted
for the people.
Mr.. Bruncr held that the article was not
libelons. He said that the statement that
"Tappan had coz tracted to furnish Innes
with brains" was not libelons any more than
the statement that he (Rruner) had con-
tracted to furnish the defendant with
brains. He said that if anybody was
libeled It was TapDan. Tapio or Smith.
Mr.. Bruner was followed by Attorney
Melvin, who defin Ell libel as something
published and holding person up TO ridi-
cule. He thought the article in question
did this IN the case of Justice Innes.
In his decision discharging Marshall Jus
tIce Cllft said hat he aid not think the ar
ticle liheird Justice lines. If any one
was libeled, he said. it was r. b. Tappan.
The Councils Vain Labor.
According 10 an opinion rendered by
City Attorney johnson yesterday the
labor OF the Special Committee Of the City
Council on Water Supply has all been for
nothing. 1t has been the desire of this
committee to secure for the city its own
water supply and put in distributing
plant. COuncilmen Manuel, Capell and
Dalton make up the committee. The
scheme upon which the committee had
about settled as being the best proposed
was to have water supply furnished the
city at the city limits for term
of years. From the limits the city
would take it and distribute il over
the city by system Of piping tina.
should belong 10 the municipality
This proposition was so far matured
that the committee advertised for bids
fl ON parties who would bling the wafer to
the city limits. Now comes the City At
torney and announces that under the State
law the Council cannot make a contract
for a period exceeding one year. The
point Is that the water rate has to be fixed
and 1t is manifestly beyond The
power of one council to bind other coun-
ellis years ahead.
Mr.. Johnson said he was aware that a
contract bad been made at Sacra-
meDto, but he regarded that as not bind
ing.
The Pou.sons Recorciled.
The difficulties that have separated the
Count and Mrs. L. w. Puulson, although
not yet nnaily settled, will no longer come
between the pair. The two have been
reconciled and are at present living in
Los Angeles, from they viii return to
Oakland in few days.
1t is reported that soon after returning
to this city the Count will leave for an ex-
tended tour of the East. The matter of
POulson's not paying his wife alimony, as
directed by the court, came mp yesterday
in Judge Henshaw's court and went over
one week.
A Final Distribution.
settlement Of the estate of Margaret
Noblett, deceased. came up before Judge
HeDshaw yesterday. An order was made
hat Edward N0blett receive 5000, a half
interest In the Fashion stables and a half
interest in some West Oakland property,
also all decedent's interest in the estate
)f Robert NOblett. deceased. A half-brother
# Edward Noblett, John, was allowed his
OF So from his fathers estate.
Killed by Train.
A man, s yet unknown, was killed by
he Alameda local on First street, near
Grove, at 9 o'clock last night. He was
lbout % years of age. was attired with |
)luish ribbed pantaloons, black diagonal |
,oat ana vest, wore black silk overshirt, |
scotch wooden underwear. His height was |
feet 9a inches. weight $50 pounds, has |
,laek hair. is clean shaved and has gray |
yes.
The Supervisors.
The County Supervisors met yesterday. |
little beyond mere routine business was |
transacted.