The morning call., 1893-12-19
GRAY SMITH
Granted an Allowance bY
Judge Ogden.
Abolishing a County Office - The
County Teachers-An Appeal in
the Walkerly Case.

I
was in Judge Ogden's court yesterday to
tell her story and get an allowance for in-
mediate necessary expenses. She said
that Just at present she wanted So for the
current months board and lodging, So for
tuition at a business college in San Fran
cisco which she was attending, and also
about $50 for some necessary clothing
which she was now very much in need of.
Judge Ogden said he would allow her SO
for one month and ordered A. NJ. Ros-
borough TO pay the same to her. The case
came up under petition of revocation by
Lp Wheat Smith. an elderisiste who asked
tharA. NJ. RosbOrOugh be removed as the
executor of her fathers will on the ground
that he had msmanaged and misappro-
priated the funds.
The petition for revocation states that
Thomas Ii. Smith died in 1890 and left an
estate of $4,000 to his two daughters, and
that he appointed Judge Gibson and Judge
ROsbnrOugh executors of his estate. Lu
Wheat Smith saws that Judge Gibson was
entirely eXonerated as he had had nothing
to do with the management OF the estate.
but had turned the whole matter over To
ROSb0rough.
1t is stated that all of the $4,000 estate
is now in the hands of ROSDOrough except
sums Of 500 ard $3.50 have been with
drawn from interest by ROsbOr0ugh and
that only so of the amount has been paid
10 Ethel Gray Smith. The document goes
on to say "that said Ethel Gray Smith is,
bv the act of the said RnsborOugh. put to
great Inconvenience and hardships and
wrongfuly and fraudulently forced upon
the mercieS and charity of her friends for
support pending the action OF this court.
Mr.. RoS borough was n court to explain
his connection with the case, and said:
This case has become complicated. There
is a question as to whom 1 shall pay this
money. Mrs. Blake had charge of the
minor awhile. Judge Greene told me not
to pay another cent TO Mrs. Smith"
Ia view of the fact that Judge Greene
had already set in the case Judge Ogden
said that he would make only an allow
ance f0rOn ne month, or until Judge Greene's
return.
Mr.. Gibson'S account was filed and it
was ordered that the citation against him
be dismissed.
Mr Ros osbOrough was ordered to have his
account ready in two weeks, ard re-
straining order was issued by Judge Ogden
fnrbiddlng Mr.. R0sbor0ugh drawing any
money from the bank belonging to Ethel
Gray Smith, excepting the SO he was
ordered 10 pay her attorney for her ex-
penseS.
Mr.. ROsborough would have nothing to
say to the reporters, any more than at the
proper time he would be set right in th e
matter.
A Sad Case.
Mrs. Kate McCuicheon of Chicago has
been for several days past looking up the
records Of the County Clerks Office To
ascertain whe ther or not an alleged
nephew of Guittard, the San Francisco
splceman. is married. 4 young girl whom,
she asserts. she adopted and reared aS her
daupbtRr fell iuadlv in 1--we with Euittarl
in Chicago, and there he accomplished her
ruin. Then he came to- California AID
Mrs. McCutcheOn followed him with her
daughter. They found him and insisted
that he repair tue wrong he had done, by
marrying the girl. lie declined to do so
Oh the ground that he was already mar
ried TO girl in Oakland. Mrs. McCutch-
con searched all through The book of mar
riage licenses, but nowhere could she find
any record If the marriage. She is now
of the opinion that it was only subter-
fuge of Guttard to avoid the response
biiity Of making the poor. wrOnged girl
the only feparatlOn he could.
The First Arrest.
Sanitary Inspector Smith yesterday
caused the first arrest to be made under
the new garbage law which has been
adopted by the Council. The new regula-
ti9n requires all garbage collectors to have
a tight wooden cover over their wagons
W Hcu ustNlus luIOhEu Int CllN. AL
scavengers were notified of the passage OF
the ordinance and were given ample time
to comply with il, but some failed. One of
them was A. Begg, and he il was that
was arrested. The validity of the ordi-
nance will be tested by his case.
A County Office Abolished.
The Board of Supervisors yesterday
passed an ordinance repeating the Ord-
nance creating the office Of County License
nj hA ~
gave ii as his opinion that the board could
by resolution authorize man to collect
the county license taxes, but it could not
do so and give that party the official title
of County License Tax Collector. A rsso-
luti1n 10 that effect has been PASSED, but
the party to collect the license taxes has
not yet been named.
Infected Trees.
The county Board of horticultural
Commissioners has decided that in the
future all parties bringing fruit trees into
Alameda County without first reporting
them to the Inspector will be prosecuted.
1t is understood that pumbe of infected
trees have been imported into the county
and it is proposed to put a stop to this
practice.
The Workingmen.
The last of'a series of public discussions.
under the auspices of local labor unions,
will be had this evening at the First Pres
byterlan Church. The address will be by
Eugene HoUgh. on the subject, What the
WOrkingmen Demand" The two meet
ings that have been previously held have
attracted large crowds and have been full
Of interest.
To Appeal the Case.
The Walkerly will case will 60 to the
Supreme Court. A statement on appeal
from the decision Of Judge Greene has
been filed by Il. B. Newman. the attor-
ney for number of the nefciaries
The statement Is very lengthy as N fills $50
pages of closely written copy.
Over Three Score and Ten.
Mrs. ABBY Pierce, for fifteen years
resident of this city, died yesterday morn
ing at the residence Of her daughter, Mrs.
r. p. NJ. Greeley, JG2 Thi.ty-first street.
Mrs. Pierce was 76 years Of age and na-
tive of Maine. She had many friends in
Oakland.
Postponed Again.
The motion to strike out and the de-
murreT entered bv the city to the answer
Of the Oakland Waterfront Company, in
the suit TO recover the water front, came