The morning call., 1894-04-17

Railroad Lawyers Do Not
Like Our Courts.
DISTRUST ALAMEDA COUNTY.
A Youths Reason Restored by
Skilled Hands.
WALL NOT SECURE HIS DOLLAR.
The Public Administrator Charges
Fraud in the Kelley Estate
Settlement.
WALL not SECURE HIS DOLLAR.

dlsQuallneQ tue attorneys LOT Iu6 w dtoI
Front Company have asked for change
of venue to some other county, in the case
brought against them by the city Of Oak
land to recover the water front.
The notice for change of court was
addressed to City Attorney johnson, Davis
s. Hill, E. j. Pringle and FL. A. Powell.
and was signed by A. A. Moore. William
F. He.rin. James c. Martin and H. S.
Brown. The motion will be heard before
Judge Ogden op April %. at 10 O'Clock.
One paragraph of the motion read thus:
The said motion will be made and based upon
the ground that The Judge OF the above entitled
Superior Court, Department 4. IN which sald
cause is now pending, TO VII; Hon. r. b:
Ogden, is disqualified from acting IN The trlal OF
The said cause, and that all The Judges OF Inc
said Superior Court of said county OF Alameda
are, and each of them Is. disqualified from
acting in the trial or said cause, by reason OF
the interest OF the said Hon. 4. B. Ogden ana Of
all and of each of the SAID Judges in said cause
ana the results of the trial thereof The papers
10 be used upon the hearing OF sald motlon are
this notice and the affidavit of +. S. Douiy,
herewith served and flied, and the pleadlngs,
records aud papers OF The above entitled cause
on file in the office OF The clerk OF the above en-
titled Superior Court.
Ghe affidavit of F. S. Douty, vice-Dresi-
dent of the water front company. re-
ferred to above. gives the particular rea-
son why the railroad people think the
Superior Judges of Alameda County dis
qualified. Mr.. Douty swears that ne
knows all the Judges, and that Judge
Ogden has been q resident of Oakland for
many years, and that he is also property
owner. and that he pays taxes on real and
personal property TO the city of Oakland.
and that all the other Judges are likewise
owners of taxable property. Mr.. Douty
says that the waterfront property is very
valuable, and that the improvements
thereon have greatly enhanced its value,
that should it revert to the city OF Oak
land the municipality would derive large
incomes from the property, which would
be Of great pecunlary value to all the in
habitants of the city. Including the other
residents and taxpayers OF the city Mr..
Douty includes the four Superior Judges.
an0 thinks for this reason they are disqualified
from sitting in the case.
1t IS stated that the railroad people want the
case tried i'll San Francisco
Reason Restored.
Hugh Leonard Is 15year-old boy who, on
February % last fell from a building, dis
tance of twenty feet He struck on his head
and drove nail intO his skull, leaving an ugly
hole.
The unfortunate lad was carried into drug
store, where his wound was hastily dressed,
that time on a change Tor the worse was no.
tced, and py March the boys mind was a
blank. Memory had completely left him. He
appeared 10 recognize the faces OF bis friends,
put their names had been forgotten by him
He did not remember anything OF what he had
learned at school, and his own name seemed 10
have been forgotten by him.
AT last the boy was taken to W0olsey's hos
pitaI, where Drs. Dunn, Legualt and Buteau
TOOK the case in hand. The wound was re-
opened and quantity OF bone and hair was
removed from the delicate brain tissue, and
tTepanning the head followed
Alter the operation the boy gradually i'm
proved in health. and by degrees he was drawn
into association with familiar objects until now
he seems as we'll as ever. He was discharged
from the hospital on the 10Th inst.
WIN Not Get His Dollar.
When the horsey Count Valensin died, every
BODY thought he had left magnificent estate,
He left will which was peculiar, for it cut OF
his son, Pho ValeDsin, known as the Little
been badly treated. and so did the world gener-
ally for It was glad when he retained eminent
counsel and announced contest.
Meantime the executors went ahead to ad-
minister on the estate, and claims rolled fn on
them so fast that they were showed under with
lou documents which the horseman had scat
tered along bis pathway. Accounts TO the
amount of S90,000 have been presented against
the estate and allowed. and there was $40, ,0OO
OF rejected accounts. In the latter case III
many instances claimants have brought suit to
seems afar off.
When the Little Counpsu contest case was
called yesterday before Judge Henshaw there
was no representation for him. He has de-
cided TO drop out and does not think now that
he will get even the dollar left him III the will.
Fraud Is Charged.
Public Administrator James Stanley brought
suit in the Superior Court yesterday against
James I. Gardiner and wife for the recovery oil
$1,000, which Gardiner is charged with having
EHnu tan aQfn n lot a - ~
Kelley.
The complaint alleges that Kelley died al
GARDENERS house. and had at the time in his
possession $1,000 in money and thirteen
promissory notes executed by John MaddIgan
aud Hotaiing & Co. OF the State OF Washington.
The notes were Tor 5000 each, TO be paid in the
sum OF $500 month.
Stanley claims that upon kelley's death the
GardinerS came into possession of notes and
money and have failed 10 account Tor any of II.
Two thousand dollars has been collected on the
notes.
The defendants insist that the notes and
money were gwen them by Kelley. Part OF il
was expended on his funeral.
Notes.
C. o. S. Miller was yesterday granted letters
OF administration upon the estate of w. A.
HerrIck. The murdered bank cashier Miller
said he made the application at the request OF
the mother OF deceased The estate Is said tC
be worth 100000. and will be left 20 the
mother, Herrick's father assigning all his share
10 HtS WIG. DOuuS WtI6 UA6u dL
$4,000.
Testimony in the Stetson divorce case was
taken by Court Commissioner Whitney yester
day morning and forwarded to Judge Ogden
It is understood that no alimony win be de.
manded, and that MIR. Stetson will make no re
sistance 10 the suit
Agnes Fried, administrative of The estate OF
ii. Fried, deceased. brought action in the Supe.
rior Court yesterday against Eli Fried TO re.
cover S61S0 damages. IL Is claimed that ELL
the nephew. sold his unce's grocery-store al
the time OF the latters death, and appropriated
the results.
Judge Henshaw has completed the task o.
preparing he findings in the Murphy will con
test. They simply follow on The line Of the d e
cision.
Mrs. Sanford of the Society for the Preve n
ton of Cruelty to Children has been granted
letters Of guardianship over little Gertrude d
Forrest, whose father is accused OF havin,
abandoned her.
ALAMEDA.
Next Saturday marks the opening of th