The morning call., 1894-03-31
Mrs. Townsend Defends
Her Property.
JURY METHODS EXPOSED.
John LouderbaCk Can See His
Children Now.
THE SLOT MACHINE IN OAKLAND.
j. {. Martin Wants His Fee-Editor
Porter Is Acquitted of Grand
Jury Charges.

ley, whose property has been a bone of
contention with the Southern Pacific Com
pany and the town of Berkeley during the
past sixteen years. brought suit in the
Superior Court yesterday against the
Town Trustees of Berkeley to restrain
them from macadamiZing that part Of
Shattuck avenue upon which she resides.
Mrs. Townsend defended her right to
her property, shotgun in hand, against the
railroad company when. in 1878, it at
tempted to run track through her land.
Next, Berkeley wanted to open Shattuck
avenue, and tina. necesstated the cutting
the lot. and again Mrs. Townsend OBJ
jected.
Last summer the contract for grading
the avenue was made and the work was
finished with tie exception of .he land in
dispute. Now that projects fifty feet upon
the macadamized street, with the stumps
and bushes growing in a jungle.
Yesterday the Berkeley authorities un-
dertook TO force the grading of Mrs. Townsend's
section, and she brought suit accordingly, and
secured an injunction OH the work until the
suit Is finished.
Want a New Trial.
IN the case of Horace A. Redheld against the
Oakland Consolidated Street Railway Com
pany. in which plaintiff secured a verdict of
$4,000 damages against the company for
pany is using every effort 10 secure new trial.
They claim that the jury arrived at their verdict
by each one writing the amount his verdict
would be on slip of paper and dividing the
result by twelve thus obtaining $4,000 which
they rendered as their verdict. In support of
lhis claim the railroad company filed the af1
davltS OF three Jurors in the case.
Late yesterday afternoon the plaintiff filed
the atfdavTs of four jurors, three of them being
the same VINO made affidayits for the corpora
lion, In which they swear They did not intend |
TO convey the idea set forth in The atfidayits
made for the company, and they now assert
that the verdict was reached IN "a proper man
ner liz the jury-rOom. The names of the Jurors |
aqe: A. a. Demars, X. h. O'Hea F. c. Lawler |
and Z. j. Bates.
Can See His Children.
The habeas corpus case of John D. Louder
back came upon tile Superior Court yesterday. /
Louderback claimed that his wife, mother-in- /
law ana DTOIher-in-aw were guilty of forcibly /
restraining his children from seeing him, and |
bad demanded that tie children lie brought into |
court.
All parties to the suit were in court when the |
case was called yesterday Attorney Finger
aid, for the defendants, stated that since The !
habeas corpus proceedings were begun suit |
for divorce has been brought by Mrs. Louder |
back. This, lie claimed. was sufficient IN Itself /
10 dismiss the habeas corpus proceedings ana |
have some kind of order made relative 10 The |
children pending decree OF divorce. This sun
has been brought on the grounds of cruelty and .
failure 10 provide.
The plaintiffs counsel objected TO a dismissal
OF the habeas corpus proceedings. and In
this sustained by the court.
LouderDack then took the stand and testified
rtTat nc mad never threatened 10 carry away the
children TO China. as mad been charged He |
said he did not have sufficient money 10 go TO
China il lie had wanted do so. lie said lie
was able 10 provide for his wife and family.
The court finally decided that Louderback
might see the children Two days each week, |
and on one of those days be allowed 10 take
them out. though not out of town, and always
In company OF the mother.
Louderback's past has always been cOnsd-
cred closed book o investigator Now, how
ever. Ii is claimed that he comes from a prom.
inent society family of Chicago where he
formerly lived in great style.
Upon coming 10 this coast he attempted 10
support his family, but ala not succeed on &C.
count OF his passion for games of chance.
The Chicago family does not know OF the
troubles that are distressing the LOuderbacks
here.
The Hansen Murder.
The trial OF Clarence SimOns for the murder
OF William Hansen was continued III Judge |
Ogden's court yesterday morning. The FIRST |
witness called was q. j. Uirich, near neighbor
of the Simons. He said: al WAS awakened |
about O'clock in the morning by the report of |
gun, which was followed by scream. Then
all was still. got up early and went out TO
investigate, and was surprised TO find the dead |
body OF Hansen, which was slowly roasting. the /
clothing having been set on fire by The powder
from the gun"
Deputy Coroner Evers testified as to the con-
dillon OF the body aud clothing when found.
and the clothing ana effects found on deceased |
were offered in testimony.
The case was then continued until 10 O'Clock |
this morning owing TO sickness In the family OF |
one OF the jurors.
The City Council.
at an adjourned meeting OF the City Council |
last night two block franchises. ask, for by |
the Oakland Consolidated and Hayward COM
panes, were sold to the Haywards line for $3.50 |
cash. Last week twice that amount was |
offered and refused. AT the beginning of the |
Oakland Consolidated, withdrew all bids for The |
franchise. The original franchise asked for by |
wards line bid for the franchise asked for by |
the Consolidated and 1t was in rapid succession |
refused reconsidered and granted
Found Dead in Bed.
EMANUEL Altimerana, an old man who for the |
last two years has been residing at the home OF |
MRS. Acosta of Livermore, was found dead In |
his bed yesterday morning. As physician |
was In attendance an inquest was held, ana !
10 his death from old age and severe cold that |
had been contracted some days before. De- |
ceased was 80 years old, and leaves son resld- |
tng al Bantas and sister living at Mayfed
Oakland Musicians.
The executive committee of the Federation of |
Trades reported at their meeting last night that
they had conferred with the manager of lie
Macdonough Tbeater regarding the employ |
ment OF Oakland musicians In the orchestra !
and thar gentleman had promised to give lhe !
musicians OF Oakland u chance 10 show what
they could DO. and that IL they should give |
satisfaction he was ready and willing 10 sup. |
plant those from the other side OF the bay now |
playing In the theater with home musicians
Arrived in Oakland.
Since the raid OF the San Francisco police on |
the Ferris wheel niekel-inthe slot machine |
that cOlo-bloOded little gambling device has |
made its appearance in Oakland In alarming |
numbers
Every saloon and cigar-store has recently re- |
celved one more of these machines aud tDey |
come in under various names, but tile owners |
are cute enough not TO call them Ferris wheels |
since the police raid in San Francisco.
Editor Porter Acquitted.
f. r. Porter. editor and proprietor of the |
Oakland Echoes, was acquitted I'm The Superior
Court of The charge of presenting a fraudulent |
claim against the county in connection with the |
printing of the election proclamation last fall |
Tns was one OF the two Indictments found |
against Mr.. Porter by The last Grand jury
The second accusation was for periuIv and |
has been continued until next Monday.
AIvnrsdo Water in August.
It's possible that the new Oakland Water |
Company will have their wafer from the AL |
yarad3 well ar a much earlier date than was at /
first supposed.
Francis Smith. who has the contract for lay |
ing the mains to Alameda, says that he expects |
70 finish in about three and half months, and |
MIR Djngee says that If lie does this the water |
,,,I I,a irsned iufO The DIDes bV not later |