The morning call., 1893-08-06
Zone Good Turn Deserves Another"
So We Shall Continue This
Sale for Another Week.

he wanted to prepare af6davits looking
to the insanity feature of the case and
asked for an intermission to prepare the
same, and the court adjourned until 6 81
p. NJ.
When the court opened for the night
session at $50 o'clock last evening the
courtroom was already crowded. but Il
was not until after the setting Of the SUI
that the Adventists threw aside their Sun
day clothes and came into the court. Their
Mr.. Aram was ready to 90 on with HI:
case. In opening he read an affidavit In
which he stated that he believed his Glen
insane and on the strength of 1t prayed fol
continuance of the case In order that be
might secure witness to subsiantiate this
belief. The court ruled that the plea
could lot be entered at this time and he
would refuse TO grant continuance.
Mrs. Moser was then put on the stand.
She is little white-haired woman who
testified to her husbands weaknesses, but
was rather inclined to excuse him. She
shed no new light on the case.
The defense put on several other wit
nesses, but their testimony was of little
importance.
At $3.50 the testimony was all In and the
argument commenced with Cary Howard
opening for the State. He was followed
by Mr.. Aram for the defense, and Mr.
Church closed for the people.
L ne IhOStI CASE was gwen W VIC jury ~
II o'clock and at II :04 o'clock they brought
in verdict of guilty. Moser will come
up for sentence at 9 80 o'clock on Wednes
day morning next.
Dashed to Death.
Marie McGauley, aged 10 years and ten
months, the daughter of Thomas Nc
Gaulty, carpenter, who resides at 1866
west street, was instantly killed yesterday
afternoon IN Redwood Canyon.
Inc family. consisting of mother and
| iather aud two children, were out for a
drive Yesterday. The little girl. Marie,
| was sitting between her parents on sbe
| front seat and was driving. The horse be.
| came frightened and jumped to one side,
| became unmanageable and began backing
| The road Is narrow at this point and on
one side is ditch some five feet deep.
down which the horse backed the vehicle
ana its human freight
The fAther Jumped out to catch the horse.
but was knocked over. The bow fell ont
20 one side and the girl and mother went
down under the vehicle, the iron band ON
the end OF the seat catching the girl across
the chest, the horse falling on top of the
wagon. The mother escaped injury.
Just then man drove up in buggy
and the boy was sent for help to ranch
near by, and some men came TO aid in pet.
ting the horse up and the poor dead girl
from under the wagon. She made no
sound after the wagon and horse fell on
her. She died instantly.
The body was conveyed to the morgne
and an inquest held last night resulted in
a verdict of accidental death.
Marie was bright, intelligent girl, who
attended the Lafayette School, and was
very popular with her companions.
She will be buried at o'clock Monday
from ST. Francis de Sales Church.
Mothersole Defeated.
The vexed question of who is entitled to
the lease of the Marlborough Theater was
on trial before Judge Henshaw Yesterday.
1t was a suit brought by George T. Mother.
sole against Joseph Macdonough. j. J.
Session and Charles +. Cook 10 recover
possession Of the lease which passed from
the hands OF Mothersole at the time of his
sickness. Mothersole also asked for $1,000
damages.
The case has excited considerable inter
est in theatrical circles, as it was under
stood that MotEersole held five-year
lease. The theater has only been running
little over a year, and as MotherSole had
not, as lie stated, reinquished his lease
voluntarily it was desired to see just how
ne gave up and why.
From Mothersole's testimony it seems
that MS lawyer made the assignment OF the
tease, stating that it amounted to nothing.
and that he did it simply to protect Moth
efsoies interests against attachments and
creditors.
Judge Henshaw decIies in favor Of the
present holders and against Motherso!e,
ana the latter intimates now that be will
Drlpg another suit, baSing his charge on