The morning call., 1894-06-28
WANTS A NONSUIT
The Railroad Makes the
Usual Motion.
Architect Dirkey Is Missing
Monopoly Wants More
Water Front.

| Company was resumed in Judge Ogden's
| court at O'clock yesterday afternoon.
Attorney Davis formally announced that
the city here rested lis case.
Attorney Martin then addressed the
court, and presented in writing grounds
upon which he based his motion for nom
| suit.
Mr.. Martin claimed that the description
of the property. as the city's witness had
made it. was not sufficient to enable the
court to define the boundaries. He also
alleged that the evidence varied with the
| description of the property in the CON-
plant.
The motion was made: First-As to all
| portions of the land in controversy within
the limits of the Peralta grant.
Second-As to all portions of the prop
erty above ordinary high tide of the 4th
day of May, 1852; also all shown TO be
above ordinary high tide at the.cOmmence-
ment of this action.
Thir6-As to all parts between and
within the harbOr line or pier head line Of
the Oakland arbor as established by the
United States Government.
FOurth-As to all of that portion of the
property oD the southerly side of the estu-
a ary In Alameda; also as to all other prop
ertv claimed upon the ground that there
had not been sufficient evidence to prove
title III the city or any showing which
would warrant verdict by the court or
by Jury for the plaintiff
Attorney Davis, on behalf of the city,
bjected on the ground that motion for
nonsuit could not be made as to por-
ton of the property.
Ex-Judge Brown argued the case at
| nn inc snd hat 70 fba
city by the act of 1852 was repealed in the
act of 1854. By the LEGISLATION of 1857 the
title reverted TO the State.
At the conclusion of Mr.. Browns argu-
} ment Judge Ogden announced that he
would take the matter under advisement
| and decide it on next Tuesday.
Has He Skipped?
c. c. Dlrkey, contractor, builder and
architect, with offices at Broadway and San
Pablo avenue in the Playter block. has
dropped out of sight of those who knew
, him herrabouts. He has not been seen
since week ago Friday, and 40 word has
e been heard from him directly or Indirectly.
His offices are left just as though he had
stepped out for moment.
: There was some thought of foul play,
! but those who knew him best now think
. he has run away from his Indebtedness.
The architect had just finished a fine res
{ idence for Joe Lancaster, at Sbattuck ave-
{ nue. and Addison street in Berkeley, at a
. cost of 1850. and in a short time would
have been paid the reserve, amounting to
S2800 on the acceptance OF the building.
All the balance of the contract price has
bean paid to Mr. Dirkey by Mr.. Lancaster
in biweekly payments, and IL was SUP
S posed, of course. DIrkey was in turn pay
ing off the sub-contractors.
Now it turns out to be diffprent, and
. | Lancaster has been besieged by creditors
: hunting for Dirkey. Already enough out
standing Indebtedness has come 10 light
d $500.
/ These bills msan lien on the property,
r which must be satisfied by Lancaster. who
J. in turn must get satisfaction out of Dir
= KEYS bondsmen in case that party does
d not turn up.
Another Grab.
n Yesterday afternoon the Oakland Water
n front Company executed another coup in
, It's fight for the possession Of the Oakland
9 water front II laid claim 10 the owner
L ship in fee simple absolute of a vaius ole
: stretch of property and cooliy demanded
2 that the defendants named in its suit be
: forever enjoined from asserting any claim
t to the land.
$ This action was in the shape of a COM
plant filed by the waterfront company
i against w. c. Doane, William Parsons, j..
s. Davie, j. NJ. BaSsett, 0. Mnlle. Charles
!, Beaver, J. Mitchner, Wand =. MiichneT,
J. |
s. Coal and Navigation Company, Cotton
: Bros. and halt dozen others.
:. The description OF the property is as fol-
y y lows:
= Beginning at a point on the souiherly line OF
n First street, as the same has by deed been dedi-
/ Gated TO the public, distant one hundred 200
feet eastery from the eaStrTly line of Webster
street, If produced sOutheTly; thence eastPry
- along the said sontherly line OF First street ten
10) feet; thence at a right angle soutberly and
parallel 10 the said easterly line OF Webster
street fifty (50) feet; thence at a right angle
easteTly one hundred and ninety Q90) feet 10
westerly llne of Harrison street, If produced d
southerlv; thence at a right angle southery
along the said westerly line of HarrisOn street,
II produced SoutheTly five hundred and twenty
(520) feet 10 The north haTb Dor line of Oakland
harbor as established by the United States
| Government; thence nOrthwesterly alopp said
haTbor line 10 point which Is the intersection
of said barbor line with line parallel to and
distant one hundred 400 feet easterly from
the easieTly line OF Webster street. II produced
sOutherly: thence northerly. along line par
allel 10 and distant one hundred lOo) feet east
erly from the easterly line of Webster street tC
the point OF beginning.
A Dredger on Wheels.
Captain Hackett's big dredger, which
has been doing duty on Lake Merritt foI
the past two years, was lifted out of the
lake a few days ago. and after ton Of
barnacleS were seraped off its bottom, the
120 tons of dead weight were put on rollers
and began its slow march across the town
TO the estuary. AT the estuary it will be
towed around TO West Oakland, where II
will be used in filling up the unsighty
West Oakland marshes.
The dTedgeT is moved about block eact
day. 1t nils up the street entirely with it:
bulky shape, and all telegraph and tele
phone crosswires have to give way before
il, being either raised or cut
Very Little Left.
Receiver Burbeck of the Life and Annu
ity Association rendered his report upoI
the condition of the association yesterday
He showed mis- receipts to have been
Cash from secretary S14 70 from sales o
4 furniture S275 %. miscellan eous S13 15
The disbursements we're for current rx
penses and did not exceed $500. The jud g
ment cost S275 %. What is left after de
ducting these expenses goes TO the mem
bers OF the association.
The receiver stated that he had engaged
in an enormous correspondence wit
policy-holders relating to their demand
upon the bankrupt association and ha
otherwise been most diligently employed
Frick Resigns.
4 Deputy District Attorney A. L. Eric
Il announced yesterday that be would re
4 sign his position and give up business a
u soon as District Attorney Shook returne
from his vacation. Mr.. Frick says the con
dillon Of his health has made this NOV
imperative. He proposes taking lon
vacation. When he returns he will agai
practice law in Oakland.