The morning call., 1894-06-06
HAPPY MATTHEW.
His Acquittal Is Almost
Assured.
Property.Owners on Eighth Street
Will Refuse to Pay the
Assessment.

arguments LOT the pIOS6CuklOU, lOI Duuu
has cut the evidence against him into ribbons
by his rulings, and yesterday, 10 cap the eli
max, he stated that he would instruct the jury
to acuuit were IL not for the fact that the jury
was the Judge OF the evidence; but he added
that bis advice would be 10 acquit, so far as
the evidence against him was concerned. This
was in answer 10 an appeal made by Carroll
Cook TO the court 10 instruct tue jury 10 aequit
on the ground that the evidence was Insufficient
to convict.
Mr.. Cook then read from portions of the
transcript OF the case which lie said were con-
Trajectory TO Othcer Ely's testimony. He then
called Lacombe, the halter. who stated
that from the measurements the hat found in
the kunnle saloon was not Matheny's.
A witness named Keeper was then called.
He would have testified that TOedt, the cab
man, had told him that he would testify In
an ordinary case for SO and In a murder case
for $50, but the testimony was not allowed TO
go in.
This ended Mr.. Cooks case, and he an
nounced that he was willing to submit IL 10 the
jury on the courts instructions aud without ar
gument. This was another surprise TO The
prosecution.
Argument was opened In the afternoon by
Mr.. Church for the people. Mr.. Cook Will open
his argument this morning. He VIII be toll
lowed by District Attorney Shook, and the case
Will be given to The jury this evening
Judge and a Father.
The divorce suit of Mrs. NJ. C. johnson
against A. A. Johnson, in which the Wlie asks
for a separation on the grounds OF OeStIllOD
and failure TO proVice, was up before Judge
Ogden yesterday, with Attorney cara follZ
representing the side of the Dlantlh.
The evidence was all in ana Judge ogden had
stated that he would take the matter under ad-
vsement. and that If lie did not grant the d.
Vorce asked II would be on the ground That SUI
fcient time had not elapsed since the ueseTtlOn
OF the husband al Los Angeles a year ago
The attorney thought by this she was play
I'D IN
stoned appeal 10 the court 10 grant this divorce;
She drew tie picture OF Mrs. Johnson, a Iehned
and educated woman, having, by making ana
selling curios in the shape OF baskets OF wild
flowers, to make her own way and 10 care for
her children, which children had come rap
idly. twelve or fifteen months apart
Judge Ogden here interrupted, with blush.
saying: Mrs. Foltz, you must speak 10 the
point. wish 10 say that have several little
ones myself, and they were not very Tar apart
in getting into the world"
4 suppressed giggle went round the court
room, and Bsiliff DOndl almost fell OF his
chair. Attorney FOtZ again got 10 The point IN
her argument ana stayed there.
Ii was brought out In the testimony that John
son was a piano dealer. selling instruments
about the country on inStailments, and that his
income was upward OF 5000 per month.
Mrs. johnson admitted that she herself made
considerable money by gathering California
wild flowers putting them In baskets and sell
ing them as California euTiOs, one season max
Ing a. much as $500 az Los Angeles.
The Judge minated that he might not grant
the divorce asked but lie would give aIinouy If
The husbands income was such as could be
reached.
An Uneasy shade.
the cottage at COL Linden street. formerly
occupied by John Brady, who shot his wife aud
then himself in the Church of The Immaculai c
Conception last March, Is said TO be haunted.
Since tile Brady funeral The cottage has been
deserted. Ii has not even been open, d. The
front yard Is overgrown with weeds, and the
windows are broken IN or stuffed with cast-of
clothing. Last night a neighDOr saw John
BTady's ghost walking on The roof OF a shed in
the back yard. She told her husband. They
resolved 10 keep the matter quiet
a night or two ago a watchman on that beat
saw man and woman walking up the steps oil
the housv. He ran TO the spot. The midnight
visIants had disappeared. They had not Ell
tered III" building nor walked around 10 the
back. WheIe had they gone? The watchma1
went away on tIptOe.
Everyb body on that street has, at different
hours of The uIghl, heard a lireless Tramp
tramp, up and aOwn and across in the de,
serted house. Families living next door have
been kept awake whole nights al time.
hen Brady was buried IL was in unconse
Grated ground. People say a ghost cannot resi-
easy under those circumstances.
Divorce Matters.
The divorce suit OF N &. Gould against Mar
/ f. Gould has been referred TO the Court Com
missioner.
| c. r. SchoonoYer has brought suit for divorce
| from ISABELLA r. SchoonoveT.
Judge Ogden yesterday granted Hannah Tai
| bot a divorce from Edward Talbot, on TIT
| gr uund OF Intemperanco.
| Emily COtter asked for divorce from w. I
| Coulter, on the ground of adultery, and yester
! DAY defendant filed denial-of the charge, TO
eether with cross-cOmplaint, IN which h
| claims prior deseTtiOn on the part of his wife
| Wells, the sculptor, has been ordered To ap
| pear before Judge Ogden on Wednesday an
| show cause why he should not pay his wife all
mony pending The divorce proceedings.
| In the case in which Maggie Jones is tryin
TO gel divorce from Henry Jones. the latte
has filed cToss-complalnt, alleging exiTem
cruelty. On one occasion he says that Will
eating his dinner she became angeTed at hiI
and pulled his mustacbe out, thus causing hir
gIea. mental anguish. He wants the decree i
his favor.
The Law In Evidence.
The waterfront suit was on in Judge Ogden
court yesterday. Attorney Davis continue
putting In lhes elly's case and Mr.. Martin di
The objecting for the defendant. MIR. Davis il
Iroduccd IN evidence number of egislatV
acts and statutes IN relation 10 the navi gatio
Of the estuary and in recognition OF the city
title.
The act of 1852. passed the day before Oak
land was Incorporated, WAS introduced. IL !
as follows:
| An act to declare San Antonio Greek, In Il
county of contra Costa, navigasle The people
| the state OF California. represented in Senate al
Assembly, do enact as follows:
Section be stream called san Antonio Cree
i'm the county of Contra Costa, is declared navig
bic from Its mouth to the old embaTcadero OF "a
| Antonio and no obstruction TO the navigate
thereof, shall be permitted.
Mr.. Martin objected TO the admission Of ii
act providing for fund 10 be used by the CT
IN removing distractions and keeping the cha
mel clear. He said IL was immaterlal.
The court allowed much 10 go in. reservln
the right TO reject any OF 1t on his own Orde
Charles Newton Dead.
Charles Newlon, The capitalist. Of Perali
Heights, died Of heart disease at his reSidenC
Monday afternoon. He had not complained
illness until few hours before he died
MIR. Newton was a native OF NOTTINGHAM
England, and was 6S years of age. He came
California thirty years ago. Shortly after h
arrival he bought seventy acres of land {
Peralta Heights for $1,000, and thus acquire
the foundation OF his fortune.
Mr.. Newton was the originator OF the Idea
a drive about Lake Merritt, and recently DECIDE
10 The city a STRIP OF land on the edge OF q
lake to be graded into drive. He was mode
and retiring, and highly esteemed by every OF
who had dealings with him.
He leaves a widow and two grown
daughters. The funeral will take place at
o'clock this afternoon.
Three Per Cent In Advance.
c. l.. Taylor, who is a funitnre.dealer In s.
| Francisco, has brought suit in foreclosure
recover Judgment on pTOmlSSory note ma
III his favor by Miss Susan McHugh on Mar
3. 1894, for $500. The note bears interest al
per cent per month, payable in adYancf, and
secured by certain furniture In a certain lod
inR-house kept by Miss McHugD at DIT Mn
! street, this city.
Taylor says no part of the note or intere
has been paid.
SchoIars' Field Day.
ARRANGEMENTS have been made BY which
tie bows of the Oakland public schools "
hold field day at Berkeley on Saturday ne
at 2 O'clock.
Three boys will be selected from each OF {
urinary grades to eompete-two from the nil