davidaulloa/AmericanStories huggingface dataset:
The herald., 1893-01-31

leading interests, never looked better
than today. The talk about restricted
market for oranges is all nonsense. 1t
will probably be impossible to preserve,
for long time, the extravsgant prices
for oranges and lemons which have pre-
vailed for some years, but fine fruit will
always command fancy, and good fruit
remunerative, prices.
For months past the HERALD has been
informing its readers that they will
have to face golden year. They may
not like it, but it is upon them. Nature
clearly designs to play the cornucopia
act on this. section, and to discharge
upon it benefsetions at rate 30 rapid
and resistless as to discount, in the op,
posite line, the Pandora's box of old.
And we are inclined to think that we
can stand it. People are not easily en-
nuyes of good fortune.
The herald., 1893-01-31
JUDGE WADE REFUSES ANEW TRIAL
An Accident Where a Railroad
Was Not Responsible.
Slow Progress in the Cable Road
Foreclosure Suit.
Trial of the Alleged Santa Fe Train
Wrecker-Judge Ross Adjourns
His Court in Respect to
James G. Blaine.

In the case OF Cogswell We. The Los
Angeles, Pasadena and Glendale Railway
company, Judge Wade yesterday denied
a motion for new trial in accordance
with the following brief opinion:
The law governing this case cannot
be better expressed than in the language
of Justice McKinstry at the conclusion
of the opinion in Ashton VS.. Nolan, 63
CAL, 269-75. &c. But when con-
tract provides for doing thing which
may be, and generally is; done in law
full manner, and is silent as to the mode
OF doing it, the contract is to be con-
strued as requiring it to be done in a
lawful manner. As the injury was
caused by the contractors while doing
work which, it must be aesu lined, could
have been done without causing it, and
the contractor had agreed 30 to do 1t,
the injury was done In violation OF his
contract. The defendant was entitled
to charge to the jury that she was not
liable il the damages were produced by
the act OF an independent contractor or
his servant"
This is a fair summary of the law as
it is settled by our supreme court upon
the question at issue on this motion,
and it fits the facts of the case at bar in
such manner as to render it nneces-
sary to consult the decisions of courts
in other jurisdictions. The cause OF
the injury in this case was failure of
the contractor or his servants to place
danger signals near the excavations
which they were making. There is no
evidence that such failure was in pursu-
ance of anything in the contract. There
is no evidence tending to chow that the
excavation itself, as provided for in the
contract. WAS calculated to become q
nuisance. Indeed, portion of the con-
tract is in evidence for any purpose.
The motion for new trial should be de-
MED, and it is 30 ordered.
The case was one in which the plant
if suffered an accident by carriage
being overturned in an excavation on
the line of the railroad. Upon the trial
of the case non-suit was granted.
The herald., 1893-01-31
R. FRANK WARMERS TRIAL.
The Jury to Be Instructed at This Morn
ine's Session of Court

The Jury to Be Instructed at This Morn
ing's Session of Court.
The trial of R. Frank Warner, the
man charged with wrecking a train on
the Santa Fe railroad near Duarte few
months ago, was nearly finished yester-
day in Judge Smiths court.
The prosecution did not close its case
until afternoon. The witnesses put on
by Deputy District Attorney Dupuy
during the morning were George L. ,Ins,,
lev, S. 7 Phillips, CharlesC. Barker and
W. II. Russell, ex xjailer.
The new testimony introduced was
embraced in the examination OF Charles
Barker, boy, and ex-Jailer Russell
The boy Barker stated that he heard
Warner say to some one that he had
rolled the big stone on the track when
wrecked the train.
Ex-Jaier Russell testified that the
defendant made similar admission TO
him while he was in the county Jail.
The defense was not prolonged. 1t
consisted merely of character witnesses,
W. @. Brumingen. S. Taylor, j. w.
Sutherland and t. M. Duggan being ex-
amined. The substance of their testi-
mony was that they did not know any
thing against the defendant except that
he was hard drinker.
The case was submitted by the de-
fendant's counsel, Hugh J. Crawford,
without argument. Mr. Dupuy made
an argument on behalf of the prosecu-
tion and then, before the Instructions
were given, the adjournment for the day
was taken by Judge Smith.
The herald., 1893-01-31
THE CABLE RAILROAD CASE.
Slow Progress of the Foreclosure Suit
Before Judge Van Dyke.

Slow Progress of the Foreclosure Suit
Before Judge Van Dyke.
The foreclosure suit of the Illinois
Trust and Savings bank of Chicago VS..
the Pacific Railway company was on
trial again yesterday before Judge Van
Dyke in department No. OF the super
ior court, and did not gather much head
way as far as the defense is concerned.
Saturday afternoon Judge W.P Gardi-
ner announced the case closed on the
part of the plarntiff, but there are such
d multiplicity of interests in the case
that yesterday witnesses were recalled
and additional documentary testimony
was read, and it WAS not entirely certain
when the adjournment for the day was
taken but tnat there would be more evil
dence today on the side OF the plaintiff.
The general nature of the testimony
of the plaintiff yesterday was simply
additional facts in regard to the making
of the trust deed which the plaintiff is
seeking to foreclose, and the status OF
the bonds issued and sold under that
trust deed. Both Receiver Crank and
Superintendent Akin were recalled and
gave additional evidence bearing upon
these matters.
A supplementary matter was inter
jected into the proceedings by the appli-
cation of the Los Angeles national bank
through its counsel, Judge Hunsaker,
for leave to come in and join Receiver
Crank in the case. The court granted
the application upon the proviso that
the proceedings be not delayed thereby.
In the afternoon Attorney General
Hart, on behalf of his clients, the exc
cutors of the Joshua Hendy estate,
made brief statement OF his objections
to the foreclosure of the mortgage,
claiming that it was not properly
executed. The attorney-general has
been more active with objections than
any of the other attorneys in the case,
and fought very hard during the after
noon to prevent the admission of GER
tain resolutions, passed in Chicago by
tha cable company, authorizing the Civ
ing of the trust deed and the issue of
bonds, but the court overruled his OBJ
jections. The documents were present.
ed by W. Burt Smith of Chicago, who
was present when they were passed,
and testified positively as to their pas
sage, and as to the signature OF Presi-
dent G. B. Holmes to the resolutions, OF
which the documents presented were
certified copies.
1t is hard, the attorneys in the case
say, to tell how long it will last. 1t is
expected that the big fight in the trial
will come upon the questions involved
in the issue of receivers' certifcat es by
Receiver Crank under the authority of
Judge Wade of the superior court.
Although the interests involved are
30 large the trial OF the case ia moi
marked with much of public interest
1t turns upon dry legal points and even
the tinesse of the attorneys is not very
apparent upon the surface. In fact SO
prosy did it seem yesterday that one O.
the attorneys fell asleep and nearly
broke his neck in his unconscious effort:
to prevent his head from falling clear
back over his low backed chair. The
case will be resumed this morning at II
O'Clock.
The herald., 1893-01-31
HEADQUAR TIERS.
Three Officers Wanted for the Inaugura
tion-Soldlers for Honolulu.

Three Officers Wanted for the Inaugura-
tion-Soldiers for Honolulu.
Lieutenants Collins, Baker and Nc
Mahon have received notice from Wash
ington, D. c., signed by Colonel Corbin,
sdjutant-general OF the inaugural pa
rade, that they had been appointed as
aids-de camp on the staff OF Gen. M, J.
Mcmahon in the inaugural parade.
They are requested to communicate
with the officials at Washington as to
whether or not they will attend. All
of the gentlemen stated yesterday that
while they desired to do go, they did not
think they would be able to see Mr..
Cleveland inaugurated.
Four seedy looking men entered Lieu
tenant Holly's office yesterday and in
quired for the recruiting officer. Lieu
tenant Holly was the gentleman they
wanted. ''All right then, mister, beg
your pardon, general; we want to enlist
for service in Honolulu" said the
spokesman.
whats that?" asked Lieutenant
Holly. "We have no troops there"
''We knows that, sir, but you sees we
seen by the morning papers that Uncle
Sam was liable to annex these islands,
60 we thought you would need some
men to go over there to help do it, SO
we come up to enlist" epoke up the
toughest looking one of the quartette.
81 don't think we will need you for
several weeks at least" remarked Lieu
tenant Holly, in a sorrowiul tone of
voice. ''Do we, lieutenant?" Here
turning to Lieutenant Collins, who oc-
cupies the same Office. Certainly not
before that time" replied that gentle.
man. However, you four gentlemen
may leave your addresses, go we can
send to your hotels for you when we
start the enlistment" said Lieutenant
Holly to his rather crestfallen, belliger-
entlv-inclined visitors.
well, guess we'll call again." re-
piled the four, in chorus, and together
they retired to the cold, cruel world out
side OF the Bryson Bonebrake block.
The herald., 1893-01-31
New Suit Filled.

Among the documents filed yesterday
in the Office of the county clerk were
the following:
Petition OF H. P. Lantz for letters of
administration upon the estate of Lizet-
ia A. d. Townsend. who died January g.
leaving an estate valued at $3.50.
Petition of Mary A. Jameson for let
ters of administration upon the estate of
James M. Jameson, the estate being
valued at $1,000.
Juan Arambel vs.. e. NJ. Coe and Ira
N Buffers, Suit to secure judgment for
$500 for personal property unlawfully
taken possession of by defendants.
The herald., 1893-01-31
Court Notes.

Judge Wade yesterday referred to the
commissioners the application of ]. R..
Rush for admission to practice in the
superior court.
In Judge Shaw's court yesterday in
the foreclosure suit OF Dan Freeman vs.
Mucker ct all, for foreclosure OF land
contract for certain lots at Inglewood,
an interocutory decree was granted by
the court.
Judge Van Dyke yesterday granted
the motion in the matter of the petition
of the Glendora irrigation district for
the striking oqt of portions OF the an
swer of the Glendora Water company.
r. V. Hanna, who was shot in the
arm several days ago while burglarizing
a houee at Pomona, came before Jud ge
Smith yesterday morning, pleaded
guilty and was sentenced to five years at
San Quentin.
The second trial of Charles Peterson,
accused of receiving stolen property
WAS set by Judge Smith yesterday for
February 10Th.
The demurrers in the case of Claud
L. Hill, charged with embezzlement,
were overruled by Judge Smith yester-
day, and his time for pleading was con-
tinued to February Sd.
Judge Smith yesterday granted mo-
ton to fix bail for George HI. Miles
charged with the murder of George Mil
ler, and fixed the bail at $4,000. The
court then transferred the case to Judge
McKinley's department to 60 upon the
tr ial calendar TO be set.
The cases of Behlow Va. Tonnison and
Tonnison vs. Behlow, a controversy over
the construction OF a house, were yes
terday afternoon submitted to Judge
CLARK, after trial Of two days.
The herald., 1893-01-31

The Kansas City Journal says: ga
Turkish Bath opened at the Calls yes
terdsy afternoon to crowded house. A
Turkish Bath is gotten up solely for the
purpose of displaying good specialties. 1t
is barren OF plot. and the only refer
ence to bath is sgn board in the
first act. 1t begins with an attempt ata
connected story, but the connection is
suddenly broken in the second act and
the thread lost in the specialties that
follow. In the second act Miss Heath
is given full opportunity to display her
talents as clever little actress. In her
part she initiates g child to perfection,
and is the life and soul OF the play. Her
singing and dancing won her repeated
encores, and when she sang the old ia
vorite, Won't You Coma Out and PLAY :?
she received thunderous applause. In
the recall she sang Listen to Ny Tale of
Woe IN a delightful manner" Miss
Heath and ber company are to appear
at the Grand February 7th.
The herald., 1893-01-31
Another View OF the Case.

Au article appeared in the HERALD a
few days ago entitled, A Judicial Blum
der. The information was based on
statement made by Mr.. Sturgis.
E. E. Salyer was very properly fined
$40 in the police court for kicking boy
named Sturgis. The evidence showed
that the conductor followed the boy
after he had left the car and then kicked
him.
The evidence also showed that the
boy did not get on the car apparently
with the intention of paying his fare,
but that he ran to the other side of the
car when the conductor approached, and
finally jumped off.
The boy pleaded guilty to jumping off
the car while in motion, and was fined
So, merely as lesson. The fine was
suspended during the boys good be-
havior.
The herald., 1893-01-31

The British foreign Office has ordered
the filing of formal protest at Wash
ington against the action of United
States Minister Stevens at Honolulu in
landing marines from the Boston at the
time OF the Hawaiian revolution.
Meanwhile annexation sentiment con-
tinues to grow apace, there being a
practical unanimity in favor of it al the
capital.
The herald., 1893-01-31
She Brooded for Her Husband.

Mrs. Carrie Wilson was examined for
insanity yesterdays before Judge Clark
and Doctors W. G. Cochran and r.
Wernigk, and committed to the insane
asylum at Stockton. Mrs, Wilson is so
years OF age, and came from Indiana
three years ago. She has been mental
ly unbalanced for a year past. She has
suicidal tendencies, having threatened
to kill herself with knife, and also her
sisters families. On one occasion she
drank some perfumery, thinking it was
poison, and has delusion almost every
day that on the next day she is going
to get married. She is widow with
one child 10 years old. The cause of
her insanity is brooding over the death
of her husband.
The herald., 1893-01-31
In Respect to james G. Blaine.

Yesterday morning when United
States court convened Judge E. M. Ross
announced that out of respect to the
deceased statesman, James G. Blaine,
the United States circuit and district
courts would be adjourned until this
morning.
The herald., 1893-01-31
ADJUSTMENTS. A

GRAND OPERA HOUSE - Edgewood
Folks as presented by Alba Haywood
and his company last night, appeared to
please the audience immensely. Mr..
Haywood displays grest versatility and
ability in makeup.
The herald., 1893-01-31

THE house yesterday passed the senate
bill to refer the claim of Mrs. Jessie
Benton Fremont to property in San
Francisco bay to the court of claims for
settlement. The many friends and ad-
The herald., 1893-01-31

AssEMBLYMAN BRETT was let off easy
yesterday when brought before the bar
of the house for maligning Farmer
Kerns. By an almost unanimous vote
he was sentenced to be suspended for
one week and reprimanded by the
speaker.
The herald., 1893-01-31

Middaugh's Musical Comedy company
are to appear Friday evening, February
Sd, in refined musical comedy entitled
Our German Ward The company is a
strong one and is augmented by Mid
daugh's gold band and superb or
chestra.
The herald., 1893-01-31

Don't-Ifa dealer Offers Won bottle of Saliva
tion Ol without wrapper or labels, or in mu-
tilated condition, don't touch it--don't b1y it
a. any price: there is something wrong--it may
be dangerous or worthless counterfeit In
hist upon getting perfect nnbroken, genuine
package. Be on your guard.
The herald., 1893-01-31

mirers of the old pathfinder's daughter
will be glad to hear this, and will hope
that the court may decide in her favor.
The herald., 1893-01-31
LOS ANGELES HERALD

inferred at the postofiice at Los Angeles as
second-eass matter.l
The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-24
A MuoWuMPlAN STATEMENT.

The Newport News is nothing if not
mugwumpian. II never loses an o2por-
tunity to whack the Mckinley bill, and
when no opportunity presents itself
makes one out of hand. In its latest at
tack 1t says,
IL will DO remembered that when the Mckinley
bin was pending promises we're made of moro
pro- hts for capitalists work for laborers bet
ter prices for manufactured goods. and, more par
tcularly. larger returns for farmers products. 1t
has failed at every point
The News should be fair and not in
dulge sn palpabe misstatements. 1t is
matter Of common knowledge that
the year foil owing the adoption Of the
Mckinley bill was the most prosperous
in the nations history. Mills and work
shops We're running their full capacity.
Labor was everywhere well paid and
generally contented except instances
where professional agitators stirred up
needless strife between employer and
employed.
Moreover. The News cannot have
been so blind to what was passing
in its own field of vision as not to know
that one Of the direct results of the
Mckinley bill was voluntary increase
in wages ranging from to 10 per cent.
1t is equally true that the present
depressed condition Of trade is due, not
to the Mckinley bill, but to the fear
that the Democrats who now control the
national legislature will destroy it.
These are facts which The News ought
to know, and in fairness be willing to
admit.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-24
TERMINAL PROMISES.

The Journal prints this morning what
from the Consolidated railroad To the
effect that The people of this city have
some ground 10 hope that contracts for
the abutmens Of one of the bridges
connected with the plaus for the new
railroad station may be lei this fall.
This Is indeed encouraging, and If The
hoIe proves 10 be justified fV the facts,
it will dawn upon the patient people
that life may bs long enough for the
Young TO see the realization of their
hopes aud the reward for their long
suffering
After all the promises, specific and inn
piled, which various officers Of the
Terminal company and Consolidated
road, and before that of the New York,
Providence and Boston, the Old Colony,
the New York aud New England, and
other interested corporations have
made, we have now. when the new sta
ion ought to be completed and in use.
assurance given us that in the course
OF six weeks or so there will be one Of
thehinor contracts let.
This IS pretty poor comfort. And it
may not be true. 1t may be that The
Journals statement was not authorized,
and that the contract for the abutments
OF the bridge may not after all be as
near being let as Is reporte,..
The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-24
cLevELANp,s OPINIONS.

The president. from his retirement at
Buzzard's bay, has apparently spoken
for the benefit of the members of con-
gress who will now be assembling at
Washington for the special session.
One of the pronouncements that he Is
in the habit of putting forth when he
wishes to discount the future has
appeared. 1t may be authorized or
not, according as the events now in the
future seem to require. 1t is invested
with the atmosphere Of reliability, and
yet leaves plenty of leeway for repudi-
alton.
Such as the thing is, 1t seems to make
the president demand of congress, and
promise the country, that the Sherman
bill shall be unconditionally repealed,
aud that the tariff shall not be inter-
fered with until financial security has
become established"
If the president has made any such
statements as these It is very evident
that he is very far In advance of his
party, or that he is very much fright
ened man. There are some good grounds
10 base conclusion upon that the presi.
dent has seen light. He is in the
habit of arriving at his positions after
slow and painful process of feeling the
public pulse. He seeks for light, and he
does not see it until Ii dazzles
everybody else. He has been
consulting withthe financial authorities.
and he has found ont that 1t Il believed
that the finances of the country must be
placed beyond the reach o, all interfer.
ence, and that the tariff must not be
molested at all. That is what the
utterance of the president means, IL 1t
means anything. and IL he really made
it.
II the president has actually arrived
at q point where he can recognize the
importance of the tariff TO the industrial
prosperity Of the country there may be
hope that he will exert himself to avert
the disaster that now Threatens, bv
The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-24
Mr.. SIMPSONS ANNEXATION PLAN

Mr.. SIMPSONS ANNEXATION PLAN.
According to reports from Washing
ton Congressman Jerry Simpson will
not be half as much OF nuisance dur
ing the coming session Of congress as
was expected. Jerry, it seems, has cap
tured an idea roaming unfsthersd in the
wild wastes Of bleeding Kansas and has
promptly adopted II as the progeny Of
his prolific brain.
THIS IDEA Is to be embodied in bill
which the Kansas congressman intends
to present at the next session. 1t pro-
poses that the United States shall ac-
quire by purchase all British posses
sions In North America, including the
Hudson Bay territory.
This is not 80 wild proposition as
might have been expected. Indeed Mr..
Simpson can point to at least two inn
portant precedsnts--th purchase of
Louisiana from France and Alaska
from Russia. When, however, he says
Canadians are 80 anxious Tor annexation
that they will pay considerable part
Of the purchase price ne INDUCES in a
utopian dream that is impossible of
realization.
The Canadian may have strong sem
timent in favor of annexation, but it is
not so over powsring as to lead him to
go into his own pocket TO aid In its ac-
complishment. Whatever may be the
ultimate fate Of Mr.. Simpsons bill it is
to be hoped he will not fail to present it.
1t will take up much Of his time and
tend to reduce the amount cf mischief
he can do by preaching the populist
propaganda on the floor Of the house
Of representatives.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-24
RIGHT TO THE POINT.


Mr.. Corbett has knocked out the World $
is. when you come to think of 1t.
A Partisan editor is wearing a fashionable
new libel suit costing s3,o0ooo. American
editors are content with plain outfit OF
corduroy.
London II now talking about Worlds fair.
New York chappies may attend it without
any fear OF losing caste.
MIR. Hisinbotharn, in hosting Mr.. Corbett
over the fenoe. assures him that he has always
acted as gentleman. II Is assumed that the
suave tone Of this epistls was superinduced
by the Immediate proximity Of Mr.. Corbett
to the writer.
One Of the eccentric humors of the day Is
the statement of certain Democrats that the
president is worked TO death.
The Chicago coroner Is badly overworked
gentleman already and the postoffice still
stands.
Jere Simpson refuses TO run for Governor Of
Kansas, and the people are already cheering
up bit.
A scisntist bobs up to tell us that every
man has a quarter OF an ounce of iron in his
system, but fails to say anything about the
amount of brass.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-24

SLAM has replied 10 the ultimatum of
France. and the reply is declared to be
unsatisfactory. France may now proceed
to show her valor by crushing a little
power that she has no business at all to
interfere with.